DIST. CONSUMER DISPUTES REDRESAL COMMISSION
NORTH 24 Pgs., BARASAT.
E.A. No. 264/2021
P R E S E N T :- Smt. Sukla Sengupta……………President.
:- Smt. Monisha Shaw.…………… Member.
:- Sri. Abhijit Basu………………. Member.
Order No.11
Dated. 04.05.2023
Complainant is present. O.P. is found absent. No Show Cause has yet been filed by the O.P. Hence, the substitution petition is filed by the Complainant is taken up for hearing. Let the substitution petition be registered and treated as M.A. being No. 48/2023. Perused the petition.
Heard the Ld. Advocate for the Complainant. Considered. From the death certificate, it appears that deceased Sudhendu Sekhar Bhattacharya died on 18/01/2023 and the substitution petition has been filed on 23/02/2023 which is will within the period of limitation and the petitioner Anupreo Bhattacharya being the son of the deceased Sudhendu Sekhar Bhattacharya, the original Complainant prayed before this Commission to be substituted in place of the original Complainant since deceased.
As the petition is filed by the Complainant well within the time so this Commission do not find any predicament to allow this prayer for substitution being M.A. being No. 48/2023.
Hence,
It is ordered:-
That Sri Anupreo Bhattacharya be substituted in place of the original Complainant Sudhendu Sekhar Bhattacharya since deceased as mentioned in the substitution petition. Hence, the substitution petition being M.A. No. 48/2023 is considered and allowed.
The Complainant is directed to file the amended petition of complaint within the stipulated period.
Fixing by 16/05/2023 for filing amended petition of complaint by the Complainant.
Member Member President