Case nº First Appeal No. 774 Of 2016, (Against the Order dated 30/05/2016 in Complaint No. 289/2015 of the State Commission West Bengal) of NCDRC Cases, Tuesday May 23, 2017 (case Kamala Roy Choudhury & Ors. Vs Subrata Das)

JudgeFor Appellant: Mr. Alok Mukhopadhyay, Advocate and For Respondents: Mr. Nadeem Sulaiman, Advocate with Ms. Sunita Guha, Advocate and Mr. Alish Majumdar, Advocate
PresidentMr. Dr. B.C. Gupta,Presiding Member and Mr. Dr. S.M. Kantikar,Member
Resolution DateTuesday May 23, 2017
Issuing OrganizationNCDRC Cases

Order:

Dr. B.C. Gupta, Member

  1. This first appeal has been filed under section 19 read with section 21(a)(ii) of the Consumer Protection Act, 1986 against the impugned order dated 30.05.2016, passed by the West Bengal State Consumer Disputes Redressal Commission (hereinafter referred to as ''the State Commission'') in Consumer Complaint No. CC/289/2015, filed by the present respondents/complainants, vide which, the right of the appellants/opposite parties/OPs to file written statement in the case was closed.

  2. The impugned order dated 30.05.2016 passed by the State Commission reads as follows:-

    "Both the parties are present through their Ld Advocates. Ld. Advocate for the OPs has submitted that written version is ready but due to non-availability of the OPs'', affidavit could not be done and as such prays for time to file written version. Such a submission could not inspire us. In view of the provisions of Section 13(4) read with Section 18 of the...

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