West Bengal

StateCommission

FA/08/430

Arup Nandi. - Complainant(s)

Versus

Sri Ardhendu Roy. - Opp.Party(s)

Mr. Prasanta Banerjee.

29 Dec 2009

ORDER


STATE CONSUMER DISPUTES REDRESSAL COMMISSION , WEST BENGAL
BHAWANI BHAWAN (Gr. Floor), 31 Belvedere Road. Kolkata -700027
APPEAL No. FA/08/430 of 2008

Arup Nandi.		 ...........Appellant(s)

Vs.

Sri Ardhendu Roy.
Smt. Sukla Roy.
Sri Jhantu Halder, Recovery Agent.
Sri Sudipta Paul, Area Manager,
Sri Manoranjan Das. Area Manager, 		...........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. 7/27.03.2009.

 

HON’BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.

 

Appellant through Mr. P. Banerjee, 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. 5 through Miss S. Roychowdhury, the Ld. Advocate are present.  It is contended by Mr. P. Banerjee, 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. 5 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