West Bengal

StateCommission

RP/298/2017

Shiva Wheels Honda - Complainant(s)

Versus

Vaskar Guha - Opp.Party(s)

Ms. Priyanka Das

28 Feb 2019

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
WEST BENGAL
11A, Mirza Ghalib Street, Kolkata - 700087
 
Revision Petition No. RP/298/2017
( Date of Filing : 26 Dec 2017 )
(Arisen out of Order Dated 25/10/2017 in Case No. Complaint Case No. CC/226/2017 of District Kolkata-I(North))
 
1. Shiva Wheels Honda
17, B.T. Road, P.O. & P.S.- Belgharia, Kolkata -700 056.
...........Appellant(s)
Versus
1. Vaskar Guha
956, Purba Sinthee Road, Madhugarh, Dum Dum, near Nilan Chakra Club, Kolkata- 700 030.
2. Bablu Automobiles
5B, Hemchandra Naskar Road, P.S.- Beliaghata, Kolkata -700 010.
3. Honda Motorcycle & Scooter India Pvt. Ltd.
1st Floor, Amar Jyoti Building, P.S.- Alipore, Kolkata -700 027.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. SHYAMAL GUPTA PRESIDING MEMBER
 
For the Petitioner:Ms. Priyanka Das, Advocate
For the Respondent: Mr. Debesh Halder., Advocate
Dated : 28 Feb 2019
Final Order / Judgement

Sri Shyamal Gupta, Member

This Revision is directed against the Order dated 25-10-2017, passed by the Ld. District Forum, Kolkata-I (North) in CC/226/2017.

In short, case of the Revisionist is that, owing to illness of his wife, he could not maintain proper liaison with his Ld. Advocate for which the WV could not be filed on 25-10-2017.  Accordingly, the Ld. District Forum decided to proceed ex parte against him. Aggrieved with such decision, this Revision is filed.

At the time of hearing, Ld. Advocates for the Revisionist and Respondent No. 1 remained present, who were heard at length in the matter.

It appears from the copy of order sheet dated  25-10-2017 that notice was served upon the Revisionist on 07-08-2017.  However, till that day, i.e., 25-10-2017, he did not file WV, thus breached the statutory time limit being set out for submission of WV under the Act. 

In any case, from the medical papers being furnished on behalf of the Revisionist, it transpires that his wife had to be admitted at different hospitals at the relevant point of time.  Thus, I find no good reasons to suspect the bona fide of his contention that owing to infirm state of health of his wife, the Revisionist could not maintain due coordination with his Ld. Advocate for which WV could not be filed in time.

Considering all aspects, therefore, I allow this Revision.  The impugned order is hereby set aside.  Parties to appear before the Ld. District Forum on 28-03-2019 for submission of WV by the Revisionist.

 
 
[HON'BLE MR. SHYAMAL GUPTA]
PRESIDING MEMBER

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