DIST. CONSUMER DISPUTES REDRESSAL FORUM
NORTH 24 Pgs., BARASAT.
C.C. No. 646/2015
M.A. No- 10/2018
Date of Filing: Date of Disposal:
10.01.2018 11.01.2018
Complainant: Sri. Amit Sarkar, s/o Sri. Ajit Sarkar, Village-Katrabali,
P.O.-Sandhipur, P.S.-Garbeta, District-Paschim Medinipur
Pin-721 127.
Vs.
Opposite Parties: 1) West Bengal State Electricity Distribution
Company Limited.
2) The Chief Engineer (Distribution).
3) The Additional General Manager (F & A).
4) The Additional General Manager (HR & A),
WBSEDCL, Distribution Head Quarters, 1st Floor,
“D” Block, Bidyut Bhawan, Bidhannagar,
P.S.-Electronic Complex,
District-North 24 Parganas, Kolkata-700 091.
5) The Zonal Manager.
6) The Senior Manager (HR & A).
7) The Divisional Manager.
8) The Assistant Manager (F &A), WBSEDCL,
Medinipur Zone, Administrative Building, 3rd Floor,
Power House Complex, Burge Town, P.O.-Midnapore,
P.S.-Midnapore Town Kotwali,
District-Paschim Medinipur, Pin-721 101.
9) The Assistant Engineer & Station Manager, WBSEDCL,
Amlagora, CCC, Midnapore Division, P.S.-Garbeta,
District-Paschim Medinipur, Pin-721 127.
10) The Desun Hospital & Heart Institute,
(A unit of P.N. Memorial Neurocentre &
Research Institute Limited.
11) Dr. Saptarshi Bhattacharya, The Desun Hospital
& Heart Institute, Desun More, Kasba Golpark,
E.M. Bypass, P.S.-Anandapur, Kolkata-700 107.
12) The S.V.S. Marwari Hospital.
13) Dr. A.K. Gupta, The S.V.S. Marwari Hospita,
118, Raja Rammohan Sarani, P.S.-Amherst Street,
Kolkata-700 009.
14) The Kolkata Police Directorate, Head Quarters,
18, Lalbazar Street, Kolkata-700 001.
P R E S E N T :- Sri Siddhartha Ganguli ….………………………Member.
:- Smt. Silpi Majumder………………………………Member.
ORDER:22
This order arising out of the M.A being No. 10/2018 filed by the Complainant in the C.C. No. 646/2015 praying for incorporation of the names of the OP-15 and 16 as Proforma OPs in the cause title of this complaint.
In the application the Complainant has stated that the mother of the Complainant named Parul Samanta Sarkar died on 06.07.2014 at the age of 56 years leaving behind her husband namely Ajit Sarkar and her two sons namely Sri. Amit Sarkar and Sri. Amiya Sarkar as her legal heir/successors/legal representatives and to prove the said fact a copy of the Judicial Affidavit date 15.09.2014 has already been annexed with the petition of complaint marked as ‘J’. For fair adjudication of the issues involved in this complaint and to avoid controversy it is necessary to incorporate the name of Sri. Ajit Sarkar as Pro-OP-15 and Sri. Amiya Sarkar as the Pro-OP-16 in the cause title of the complaint. Admittedly due to inadvertence the said Pro-OPs have not been made parties in the instant complaint, rather this mistake is not at all malafide one, bonafide mistake has occurred. It is stated by the Complainant incorporation of the abovementioned two names in the cause title of the Complaint as Proforma OPs will not change the nature and character of this complaint. According to the Complainant if this application is not allowed, he will suffer irreparable loss and injury and without impleading the said OPs the complaint cannot be adjudicated upon properly. Prayer is made by the Complainant for allowing the instant application.
Though the OP-1-9 have received the copy of this application, but during hearing of this application the said OPs did not turn up. Only the OP-14 was present through the Ld. Advocate. The OP-14 has raised objection against this application verbally stating that at this belated stage this application should not be allowed. The OP-14 has prayed for dismissal of the MA-10/2018.
We have carefully perused the fact of the instant application and heard objection raised by the Ld. Counsel for the OP-14. We have considered the averment of the Complainant and the OP-14 and in our opinion that the Complainant due to inadvertence had not made the two legal heirs of the deceased out of three legal heirs in the cause title of this complaint. We do not find any mal-intention of the Complainant in this respect. Document shows that Sri. Ajit Sarkar and Sri. Amiya Sarkar are the legal heirs of the deceased. Therefore until and unless the names of all the legal heirs are being incorporated in the cause title of this complaint, the complaint cannot be properly adjudicated upon by this Ld. Forum. It is true that one legal heir of the deceased is the present Complainant. In our considered view the prayer of the Complainant should be allowed in the interest of natural justice.
Hence it is ordered that the MA being no-10/2018 is hereby allowed on contest against the OP-14 and exparte against the other OPs.
Fix 20.03.2018 for filing amended complaint by the Complainant showing incorporation of the names of the Proforma OPs no-15 and 16 in the cause title of the complaint.
Let plain copy of this order be given to the parties free of cost as per CPR, 2005.
Member Member
Dictated & Corrected by
