DIST. CONSUMER  DISPUTES  REDRESAL  COMMISSION

NORTH 24 Pgs., BARASAT.

C.C. No. 14/2023      

P R E S E N T                :- Sri Daman Prosad Biswas………President.

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

Order No.12

Dated.06.08.2024

Today is fixed for order in respect of M.A. case no. 126/2024.

Ld. Advocate for the Complainant is present. Ld. Advocate for the O.P is present.

Petition dated 02/05/2024 filed by the O.P challenging maintainability which registered as M.A. case no. 126/2024 is put up for order.

Perused the petition. O.P alleged that Complainant previously had filed a case which was registered as C.C./617/2015 and said case has disposed on merit but subsequently Complainant filed this case praying for reliefs.

Perused the objection filed by the Complainant. He alleged that aforesaid petition bears no merit and same is liable to be dismissed.

On perusal of record we find that case is standing at evidence stage.

On careful perusal of petition filed by the O.P challenging the maintainability we think that without considering the valuable documents of both the parties it is not possible for this Commission to pass any opinion on merit.

Accordingly we think that after considering the evidence of both the parties aforesaid petition should be disposed of.

Hence, we find that aforesaid petition is premature one and same is dismissed on contest at this stage after giving liberty to the Opposite Parties to raise this point at the time of argument of this case.

M.A. case no. 126/2024 is thus disposed of.

To 05/09/2024 for filing reply by the Complainant.

Member                                            President