West Bengal

StateCommission

FA/08/461

Shri Monoranjan Das. Area Manager, LIC Housing Finance Ltd. - Complainant(s)

Versus

Shri Ardhendu Roy. - Opp.Party(s)

Sumita Roy Chowdhury.

27 Mar 2009

ORDER


STATE CONSUMER DISPUTES REDRESSAL COMMISSION , WEST BENGAL
BHAWANI BHAWAN (Gr. Floor), 31 Belvedere Road. Kolkata -700027
APPEAL No. FA/08/461 of 2008

Shri Monoranjan Das. Area Manager, LIC Housing Finance Ltd.		 ...........Appellant(s)

Vs.

Shri Ardhendu Roy.
Smt. Sukla Roy.
Arup Nandi.
Jhantu Halder, Recovery Agent.
Shri Sudipta Paul. 		...........Respondent(s)


BEFORE:
1. JUSTICE ALOKE CHAKRABARTI 2. MR. A K RAY

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


For the Appellant :


For the Respondent :




ORDER

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No. 5/27.03.2009.

 

HON’BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.

 

Appellant through Miss S. Roychowdhury, the Ld. Advocate, Respondent Nos. 1 & 2 through Mr. Bhupen Das, the Ld. Advocate along with Mr. S. K. Das, the Ld. Advocate and Respondent No. 3 through Mr. P. Banerjee, the Ld. Advocate are present.  It is contended by Miss S. Roychowdhury, the Ld. Advocate that the Forum below has passed the impugned order only on the basis of pleading and documents without granting an opportunity to the parties to adduce evidence.  Mr. Das appearing the Respondent Nos. 1 & 2 also does not dispute the said fact.  Respondent No. 3 does also dispute the same.  Mr. P. Banerjee produces copy of the Order Sheet in support of such contention.

 

As we are of the opinion that the law is settled following the provision of Consumer Protection Act that parties are to be granted opportunity to adduce evidence before disposal of the proceeding, we allow the appeal.  The impugned order is set aside.  The Forum is directed to decide the matter afresh in accordance with law after granting opportunity to the parties to adduce evidence by filing Affidavit, questionnaire and reply. 

 

Copy of the order may be sent to the Forum below forthwith.

 




......................JUSTICE ALOKE CHAKRABARTI
......................MR. A K RAY