National Consumer Disputes Redressal
Sri Chandranath Bandhopadhyay vs State Of West Bengal & Ors. on 23 January, 2014
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI REVISION PETITION NO. 1827 OF 2013 (From order dated 30.01.2013 in SC Case No. FA/202/2011 of the State Consumer Disputes Redressal Commission, West Bengal, Kolkata) Sri Chandranath Bandopadhyay S/o. Mr.Durgyadas Bandopadhyay 6, P.K. Ghatak Road Bhangrapara, Ranaghat Nadia 741 201 Petitioner Versus 1. State of West Bengal Through Secretary Department of Co-operative Writers Building Kolkata 2. West Bengal Co-operative Housing Federation Ltd. P-15, India Exchange Place Extension Todi Mention (3rd Floor) P.S. Barabazar, Kolkata - 700 073 3. West Bengal State Co-operative Housing Federation Ltd. P-15, India Exchange Place Extension Todi Mention (3rd Floor) P.S. Barabazar, Kolkata - 700 073 4. The Chief Exectuve Officer W.B.S.C.H.F. Ltd P-15, India Exchange Place Extension Todi Mention (3rd Floor) P.S. Barabazar, Kolkata - 700 073 5. The Branch Manager/Incharge West Bengal State Co-operative Housing Federation Ltd. 93, Subhas Avenue, P.O., Ranaghat District : Nadia 741 201 6. Registrar of Co-operative Societies Government of West Bengal New Secretariat Building 1, Kiran Sankar Roy Road Kolkata 700 001 7. Niva Co-operative Housing Society Ltd. Through the Secretary of the Organisation 6, Pandit Kalimoy Ghatak Road Bhangrapara, P.O, Ranaghat District Nadia 741 201 8. The Secretary Niva Co-operative Housing Society Ltd. 6, Pandit Kalimoy Ghatak Road Bhangrapara, P.O, Ranaghat District Nadia 741 201 9. Smt. Banani (Das) Chakraborty Co-operative Development Officer (Hqrs) Chairman, P.O, Krishnanagar Collectorate Building, P.S. Kotwali District Nadia 10. Mr.Suman Das Gupta Co-operative Development Officer (Hqrs) P.O, Krishnanagar Collectorate Building, P.S. Kotwali District Nadia 11. Mr. Shyamal Kumar Pal Inspector of Co-operative Society Ranaghat I, Dev. Block, Convenor Member, P.O. & P.S. Ranaghat Dist. Nadia 12. Mr.Arijit Chakraborty S/o. Late Krishnadas Chakraborty 53/3, Dey Chowdhurypara Lane P.O. & P.S. Ranaghat, Dist.Nadia 13. Mr. Parthasarathi Chakraborty Niva Co-operative Housing Society Ltd. Flat No.T-3 (2nd Floor) 6, Pandit Kalimoy Ghatak Road Bhangrapara, P.O. Ranaghat Dist. Nadia 741 201 14. Mr. Pradip Kumar Banerjee S/o. Late Promod Kumar Banerjee 34/A, Mukherjee Para Lane P.O. & P.S. Srirampore Hooghly 15. Mr. Arup Saha Niva Co-operative Housing Society Ltd. 6, Pandit Kalimoy Ghatak Road Bhangrapara, P.O. Ranaghat Dist. Nadia 741 201 16. Mr.Subodh Ranjan Saha S/o. Late Mohan Lal Saha Niva Co-operative Housing Society Ltd. 6, Pandit Kalimoy Ghatak Road Bhangrapara, P.O. Ranaghat Dist. Nadia 741 201 Respondents BEFORE: HONBLE MR. JUSTICE J. M. MALIK, PRESIDING MEMBER HONBLE DR. S. M. KANTIKAR, MEMBER For the Petitioner : N E M O PRONOUNCED ON 23RD JANUARY, 2014 O R D E R
JUSTICE J.M. MALIK
1. This case was filed in this Commission on 30.04.2013. The case was fixed before the Registrar, on 10.07.2013. There were defects in the petition and notice was sent to the petitioner to remove the defects, within 15 days and it was directed that case be listed for hearing, on 23.08.2013. On 23.08.2013, defects were not removed. The Registry, again sent notice to remove the defects, within three weeks and the case was fixed for 25.11.2013. On 25.11.2013, the Registry passed the following order :-
Petition has been filed defective for the want to file list of dates, index, typed copy of order of the District Forum, typed copy of pages 49 & 51, welfare stamp of Rs.10/- on the Vakalatnama. Even after affording two opportunities earlier, no step has been taken so far. However, a letter has again been circulated by the counsel for the petitioner stating therein that due to illness of his mother, he is not able to attend the proceedings today, and has also stated the defects have been removed through his known Advocate, Mr.Subrata Das at New Delhi. However, as per the office note, the defects have not been removed so far.
Registry is directed to check up the receipt of documents, if any, and place the same in the paper-book properly.
List before the Bench for admission hearing on 07.01.2014.
Send a copy of the proceedings to the counsel for the petitioner to check up once again whether the defects have been removed or not and to get the date noted for admission hearing.
2. On 07.01.2014, Mr.Subrata Das, proxy counsel for the petitioner was present. Opportunity was given to him to argue the same but the same was not availed. Case was reserved for orders.
3. However, option was given to the counsel for the petitioner to argue the case, till Friday, i.e., 10.01.2014. Even after 10.01.2014, we have waited for the Advocate to argue the case, till 23.01.2014. None is present. It appears that the petitioner who is yet to argue the case is not interested in pursuing this case. Under these circumstances, we refrain to pass ex-parte order and on the contrary, dismiss the revision petition in default.
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(J. M. MALIK, J) PRESIDING MEMBER ...
(DR.S. M. KANTIKAR) MEMBER Dd/20