DIST. CONSUMER  DISPUTES  REDRESAL  COMMISSION

NORTH 24 Pgs., BARASAT.

M.A. No. 23/2023

Arising out of C.C. No.501/2016

Date of Filing:                       Date of listing                 Date of Disposal:

     22.03.2023                                 30.03.2023                       30.03.2023

P R E S E N T                 :-    Smt. Monisha Shaw …………………. Member.

                                        :-     Sri.  Abhijit Basu      …………………. Member.

ORDER No. 33

          Today is fixed for hearing petition. Today we taken up the petition filed by the complainant being M.A. No.23/2023. The complainant filed these applications for addition the parties which are required to add in the instant case. The copy is served to the opposite party. The complainant submits that the persons are involved with the transaction of the consideration amount and they received cheques from the complainant on behalf of the

Contd. To Page No. 2 . . . ./

: :  2  : :

M.A. No. 23/2023

Arising out of C.C. No.501/2016

developer. The complainant submits that they collected entire information from Banking Authority by R.T.I. This information received by the complainant latter, i.e. after filing this case, therefore,  hence the complainant submits the applications of M.A. 23/2023 after submitting the case. The proposed added party required for proof the caseas they were involved and they collected the cheques. It is obserevation in the Appeal case No. 4900/2010 AIR 2010 SC3109 by the Hon’ble Supreme Court that ‘A proper party is a party who though not a necessary party, a person whose presence would enable the court to completely, effectively and adequately adjudicate upon all matters in dispute in the suit, though he need not be a person in favour of or against whom the decree is to be made’. It is also observed by Hon’ble Supreme Court that ‘A necessary party is a person who ought to have been joined as a party and in whose absence no effective decree could be passed at all by the court’.

          Considering the observation of Hon’ble Supreme Court, we perused the said observation of the Hon’ble Supreme Court.

          The Advocate for O.P prayed time petition reason stated therein. The time petition is heard, considered and rejected. This is an attitude  of O.P to delay the proceedings. The O.P submits that they may submit the papers latter regarding transaction between the parties. There is scope for file all papers latter. O.P filed written objection. The complainant filed today the statement of account which is also considered and let the same is kept with record.

          Heard both the parties considered written objection and the petitions filed by the parties and allowed the M.A. petition No.23/2023 and M.A. 24/2023 for added party in the complaint.

          The complainant is directed to submit amended plaint by including name of the parties as mentioned the M.A. application 23/2023.

          To 31.05.2023 for submit amended complaint by complainant.

           Let plain copy of this order be given to the parties free of cost as per CPR, 2005.

Dictated & Corrected by me                      

Member

Member                                                                Member