DIST. CONSUMER DISPUTES REDRESSAL FORUM
NORTH 24 Pgs., BARASAT.
M. A. NO-01/2019
C.C. No-34/2017
Date of Filing: Date of Disposal:
04.01.2019 07.01.2019
Complainant:- Abhinaw Sagar,
DB-18, Sarojini Kutir Apartment,
2nd Floor, Flat No-2E, D.B. Nagar,
Railpukur Road, Baguiati,
P.S.-Baguiati, Kolkata-700 059.
=Vs=
Opposite Parties:- 1. The Director of Nestwood Estates Private Limited,
306, 3rd Floor, PS IXL-Block-A, Atghora, New Town,
Salt Lake City, (Near Spencer Building-
Between Chinar Park & City Centre-II),
P.S.-Rajarhat, Kolkata-700 136.
2. The Director Skywood,
Developers Private Limited,
2/1, Siddinath Chatterjee Road, Ground Floor,
Manton Behala, Kolkata-700 034.
3. Kaushik Das,
The Director of C21 Advisory Services Private Limited,
32-S, Block-B, New Alipore,
P.S.-New Alipore, Kolkata-700 053.
PRESENT :- Sri. Bankim Chandra Chattopadhyay………..…..President.
:- Smt. Silpi Majumder ……………………………Member.
:- Smt. Monisha Shaw …………………………………….Member.
Order No-13
This order is arising out of the MA being no-01/2019 in the CC no-34/2017 filed by the Complainant praying for exempting the Complainant from filing succession certificate before this Ld. Forum.
In the application the Complainant has stated that he could not trace out the correct address of the OP-2 where the service of notice can be effected. After filing of this complaint till date the notice could not be served upon the OP-2. Under this circumstances the Complainant by filing this complaint has prayed for expunging the name and address of the OP-2 from the cause title of the complaint and moreover where no allegation has been made out against this OP and no relief sought for, hence expunging of the name of the OP-2 has no implication for disposal of the complaint in a proper manner. According to the Complainant if this prayer is not allowed, the interest of the Complainant will be seriously prejudiced and the Complainant has prayed for allowing this application.
Upon perusal of the application we are of the opinion that as the Complainant is praying for expunging the name and address of the OP-2 from the cause title of this complaint, hence we have no objection in this regard. But after expunging the name and address of the OP-2 if any complication will arise in future, i.e. during the course of argument, the Complainant will have to face the said consequences. According to us as per prayer of the Complainant the application should be allowed.
Hence it is ordered that the MA being no-01/2019 is hereby allowed without any cost. Fix………………… for filing amended complaint by the Complainant positively showing deletion of the name and address of the OP-2 from the cause title of the complaint.
Let plain copy of this order be given to the parties free of cost as per the provision of the CPR, 2005.
Member Member President
Dictated & Corrected by
