Before the Hon’ble
District Consumer Disputes Redressal Commission, South 24 Parganas
Baruipur, Kolkata - 700144
CC/1/2022
In the matter of ;
An application for
ex-parte against the respondents;
AND
In the matter of ;
Mr. Kalyan
Chatterjee,
______Petitioner
-
Versus
–
Indian Overseas Bank
& Others,
_____Respondents
The humble petition
of the Petitioner above named, most respectfully;
Sheweth
as under :
1. That on the last
occasion on 25-04-2022, the Hon’ble District Commission fixed the said date for
filling the Written Version by the Respondents, which has occasion 59 (Fifty
Nine) days being availing opportunities by the respondents to file their
Written Version after their appearance in the present Consumer proceeding. But
the respondents did not submit their Written Versions even after availing 59
(Fifty Nine) days, by placing one adjournment petition on the ground that the
Learned Advocate on record was ill and the said petition was without any copy
of the prescription or medical documents, so far, being annexure to the
petition in justifying the contents.
2. That the Hon’ble
District Commission was pleased to pass necessary order on 25-04-2022, in the
following being the operative portion of the said order reproduced :
“ It appears from the
case record that the O.Ps. have already granted time for 59 days to file W.V.
from the date of appearance. Considering the above noted facts, the O.Ps. are
directed to file show-cause as to why the case shall not be heard ex-parte
against the O.Ps.”
3. That it is pertinent
to states that the Respondents has received the notice given by the Hon’ble
District Commission, by 20th January’ 2022. The said notice has been
directed to file their Written Version by 25th day of January’ 2022,
thus a total period for submission of their written version has been availed as
of 95 (Ninety Five) days till 25th April’ 2022. But the respondents
did not submit. The Respondents availed 3 (Three) Occasions and 95 (Ninety
Five) days, but did not submit their Written Version.
4. That the Petitioner
states and submits that the Written Version is required to be filed within 30
(Thirty) days and the same can be extended by a further period of 15 days, and
the opposite party has already lapsed 59 (Fifty Nine) days from the date of
appearance, as such their written version, if any, cannot be accepted as per
the provision or or
directives of the Hon’ble Apex Court and hence the case may be fixed for
ex-parte hearing”. The Revisionist placed a Reportable judicial citation held
in Petition for Special Leave to Appeal (Civil) No. 1240 of 2021 { M/s. Daddy’s
Builders Private Limited & Anr. – Versus – Manisha Bhargava and Another },
by the Hon’ble Supreme Court of India, on 11 February 2021, as “In any case, in
view of the earlier decision of this Court in the case of J.J. Merchant (Supra)
and the subsequent authoritative decision of the Constitution Bench of this
Court in the case of New India Assurance Company Limited V. Hilli Multipurpose
Cold Storage Pvt. Limited (2020) 5 SCC 757, Consumer for a has no jurisdiction
and / or power to accept the written statement beyond the period of 45 days, we
see no reason to interfere with the impugned order passed by the learned
National Commission”.
Photostat copy of the
Judicial precedents are annexed herewith and marked as Annexure – “A”
Collectively.
5. That in the facts and
circumstances, as well as in view of the directions and observation of the
Hon’ble Supreme Court of India, the Hon’ble District Commission should not take
any Written version beyond
the period of 45 days, from the respondents, and the present consumer
proceeding may direct ex-parte against the respondents, in the interest of
administration of Justice.
6. That unless the
Hon’ble District Commission direct the present consumer proceeding ex-parte
against the respondents, the Petitioner will highly prejudice and suffer with
irreparable loss and injury, thereof.
7. That the
preponderance of balance of convenience and inconveniences are in favour of the
Petitioner.
8. That this application
is made bonafide and in the interest of administration of Justice.
It is therefore prayed that the Hon’ble
District Consumer Disputes Redressal Commission, South 24 Parganas, would
graciously be pleased to allow this petition and to direct the present consumer
proceeding ex-parte against the respondents in the interest of administration
of Justice, and or to pass such other necessary order or orders as the Hon’ble
District Commission, may deem, fit, and proper, for the end of Justice.
And
for this act of kindness, the Petitioner as in duty bound shall ever pray.
Before the Hon’ble
District Consumer Disputes Redressal Commission, South 24 Parganas
Baruipur, Kolkata - 700144
CC/1/2022
In the matter of ;
Mr. Kalyan
Chatterjee,
______Petitioner
-
Versus
–
Indian Overseas Bank
& Others,
_____Respondents
AFFIDAVIT
Affidavit
of Mr.
Kalyan Chatterjee, Son of Adhir Kumar Chatterjee, aged about 39 years, by faith
Hindu, by Occupation profession, residing at Village & Post Office –
Radhakantapur, Police Station – Raidighi, District – South 24 Parganas, Pin –
743354.
I,
the above deponent do hereby solemnly affirm and declare as under :
1.
That
I am the petitioner herein in the present consumer proceeding, thoroughly
conversant with the facts and circumstances of the present case. I am competent
to swear this affidavit.
2.
That the facts contained in my application, the
contents of which have not been repeated herein for the sake of brevity may be
read as an integral part of this affidavit and are true and correct to my
knowledge.
The
above statements of my declarations are true to my knowledge and belief.
DEPONENT
Identified
by me,
Advocate.
Prepared
in my Chamber,
Advocate.
Dated
: _______________________ 2022.
Place
: Baruipur, South 24 Parganas.
N O T A R Y
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