Thursday, March 30, 2023

application for expunge name of the respondent in consumer case

 

Before the Hon’ble State Consumer Disputes Redressal Commission, West Bengal

 

                                               IA no.           of 2019

C.C. Case No.208  of  2018

 

                                               In the matter of :

Hshieh Sui Ying, Son of Hsieh Ying Hsing, residing at 54C, Matheswartala Road, Police Station – Pragati Maidan, Kolkata – 700 046.

                             ___________Complainant

-      Versus –

 

1.   M/s. S.K.S. Developer, aproprietorship concern of Shri Sujit Saha, Son of Late Amar Chandra Saha, having his office at E185, Ramgarh, Police Station – Patuli, Kolkata – 700 047.

 

2.   Shri Dipak Kar, Son of Late Jagadish Chandra Kar, residing at CF-329, Sector – I, Bidhan Nagar, Police Station – Bidhan Nagar, Kolkata – 700 064.

__________Opposite Parties

                                                AND

 

                                                In the matter of :

Shri Dipak Kar, Son of Late Jagadish Chandra Kar, residing at CF-329, Sector – I, Bidhan Nagar, Police Station – Bidhan Nagar, Kolkata – 700 064

                             __________Applicant / Opposite Party number 2.

An application for removal of the O.P. no. 2 and or to expunge the name of the O.P. no.2, in the present Consumer Proceeding being CC/208 / 2018.

 

The humble petition on behalf of the opposite   party No. 2, namely Sri Dipak Kar most respectfully ;

Sheweth as under :

 

1.  That this opposite party is in receipt of the notice served by the Hon’ble State Commission, and therefore this opposite party accordingly appear in the present consumer proceeding and consequently submitted written version and there after subsequently he is in receipt of evidence on affidavit by the complainant.

 

2.  That this opposite party beg to states that the content and purport of the petition of complaint and the content and purport of the evidence on affidavit by the complainant are all the same and replica to each other. This opposite party do not find any story against him. Further this opposite party do not find his involvement into the story of complainant and the opposite party No.1.

 

3.  That this opposite party No.1 beg to states that this opposite party astonished how the complainant made him a party to the present proceeding, since there is no privity of contract either with the complainant or with the opposite party No.1. Therefore the present consumer proceeding is suffered with misjoinder of the party and this opposite party become victim at the instance of the complainant.

 

4.  That this opposite party beg to states that there is no piece of document to show that there is any contract either with the complainant or with the opposite party No. 1 and therefore the present consumer proceeding is a frivolous one against this opposite party and thus required to be dismissed in term of provision section 26 of the Consumer Protection Act 1986.

 

5.  That this opposite party beg to states that this opposite party did never enter into any nature of agreement either with the opposite party No.1 or with the complainant and further this opposite party did never execute any instrument or indenture in favour of opposite party No.1 of the complainant. This opposite party even did never take any money either from the opposite party No.1 or from the complainant.

 

6.  That this opposite party beg to states that in the entirety or proprietary of the complaint as made by the complainant and the evidence on affidavit as submitted by the complainant does not utter any story against this opposite party, which clearly establish that there is no complaint against this opposite party either in terms of the fact or in terms of the law and therefore this opposite party is not a necessary party to the present consumer proceeding.

 

7.  That this opposite party beg to states that unless there is a privity of contract either with the complainant or with the opposite party No.1. This opposite party cannot lodged into the present consumer proceeding.

 

8.  That this opposite party beg to states that this opposite party in not a service provider either to the complainant or to the opposite party No.1 herein. Therefore this opposite party names must be struck down in the present consumer proceeding, in the interest of administration of justice.

 

9.  That unless the name of the opposite party more particularly this opposite party be removed in the present consumer preceding, this opposite party will highly prejudice and suffer with  irreparable lose and injury.

 

10. That this application is made bonafide in the interest of administration and justice.                                                 

                                                                                             It is therefore prayed that your Lordship would graciously be pleased to allow this application and to remove this opposite party in the present Consumer proceeding, and to expunge the name of this opposite party in the present consumer proceeding in the interest of administration of justice and or to pass such other necessary order or orders as your Lordship may deem, fit, and proper, for the end of justice.

 

  And for this act of kindness your petitioner as in duty bound shall ever pray.

 

 

 

 

 

 

 

 

Affidavit

 

I, Shri Dipak Kar, Son of Late Jagadish Chandra kar, aged about ____years, by faith Hindu, by Occupation ______________, residing at premises being no.  – 2, Sector – I, Bidhan Nagar, Police Station – Bidhan Nagar, Kolkata – 700 064, do hereby solemnly declare and affirm as follows :

 

1.   That I am being the Opposite Party no.2, in the present Consumer Proceeding CC/208/2018, before the Hon’ble State Consumer Disputes Redressal Commission, West Bengal.

2.   That I am much conversant with the material facts as described in the present Consumer proceeding by the Complainant, therein.

3.   That the statements contained in paragraph number ________ to ________ are true to the best of my knowledge and belief, and the rests are my humble submissions before the Hon’ble State Commission, W.B.

4.   The above statements are true to the best of my knowledge and belief.

 

 

DEPONENT

Identified by me,

 

Advocate

Prepared in my Chamber,

 

Advocate

Date : ______________2019.

Place : Alipore, Kolkata.

N O T A R Y

               

 

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