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Shib Ratan Sharma, S/o Lt. Kali Charan Sharma, filed a consumer case on 12 Dec 2017 against 1) Tata Motor Finance Ltd., represented by in the Birbhum Consumer Court. The case no is MA/42/2017 and the judgment uploaded on 12 Dec 2017.
The complainant files hazira. The O.P No.2 files a petition for dismissed of the case on the ground of non-maintainability. Copy served.
Record reveals that the case is in ex parte board against the O.P No.2 and O.P No.2 has already filed a petition dt. 10.08.17 for vacating ex parte order. The petition is taken up for hearing treating the same as Mis. Case No. 42/2017.
Heard both sides. Objection is raised.
Ld. Advocate/Agent of the O.P No.2 submitted that due to misplace of file he cannot file W/V in and the case has been posted for ex parte hearing which is to vacate.
We do not find any impediment to allow the petition.
Hence ordered,
the petition dated 10.08.17 for vacating ex parte order is allowed without any cost.
Thus MA is disposed of accordingly.
The complainant files requisites against the O.P No.1. Issue notice.
Fix 19.01.2018 for hearing of the point of maintainability, W/O meantime and S/R of O.P No.1.
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