State Consumer Disputes Redressal Commission
Lokenath Auto Project vs Bhaskar Sarkhel & Anr. on 8 January, 2015
STATE CONSUMER DISPUTES
REDRESSAL COMMISSION
WEST BENGAL
11A, Mirza Ghalib Street,
Kolkata - 700087
First Appeal No.
A/1396/2014
(Arisen out of Order
Dated 23/04/2013 in Case No. EA/23/2012 of District Cooch Behar)
1.
Lokenath Auto Project Through Sri Mintu Singha Roy(the authorised dealer of Preinier Ltd.), Head office at B-9/163, P.O.-Kalyani, Dist. Nadia.
...........Appellant(s) Versus
1. Bhaskar Sarkhel S/o Late Dilip Kumar Sarkhel, Vill. - Bharali, P.O. - Sitaihat, Dist. - Cooch Behar.
2. Loke Nath Auto Project R.N. Road, P.C.- Sharma Building, P.S. - Kotowali, P.O. & Dist. - Cooch Behar, Pin No.-736 101.
...........Respondent(s) BEFORE:
HON'BLE MR. DEBASIS BHATTACHARYA PRESIDING MEMBER HON'BLE MR. JAGANNATH BAG MEMBER For the Appellant:
Ms. Suman Schanavis Mr. Souvik Chatterjee , Advocate For the Respondent:
ORDER Order No. 2 date: 08-01-2015 Sri Debasis Bhattacharya Record is put up for passing order in respect of admissibility of the appeal.
On consideration of the submissions made by the Ld. Advocate for the Appellant and the materials on record, there is found to be no anomaly as such in the impugned order.
The impugned order, passed in case no. DF/13/2012 by the Ld. District Forum, Cooch Behar attained finality in the absence of any appeal against it within the stipulated time frame, by which both the OPs have been made liable to pay the decretal amount. So, the Appellant being the JDr No. 2, and being the Head Office of the JDRs, Lokenath Auto Project, is jointly and severally liable for the same, particularly in view of the service report in respect of the JDr No. 1, left without address.
Purportedly, the Appellant has moved the appeal against the order of fresh writ of WA against it, being issued by the Ld. District Forum long long ago on 23-04-2013 vide order no. 12, i.e., the instant appeal has been moved after 566 days since passing of the said order. In fact, the record shows that the Appellant surrendered before the Ld. District Forum and took bail. Needless to say, this appeal is nothing but an infructuous and futile exercise on the part of the Appellant, and as also being barred by limitation.
Accordingly, the appeal is not admitted, and stands rejected.
JAGANNATH BAG DEBASIS BHATTACHARYA MEMBER MEMBER