HON’BLE MR. JUSTICE MANOJIT MANDAL, PRESIDENT

1. The instant appeal under section 41 of the Consumer Protection Act, 2019 ( in short, ‘the Act’) is at the behest of the complainant Asha Chowdhury to assail the order No. 10 dated 29.08.2023 passed by the Learned District Consumer Disputes Redressal Commission, Howrah ( in short, ‘the District Commission’) in connection with complaint case No. CC/14/2022 whereby the complaint lodged by the appellant under section 35 of the Consumer Protection Act, 2019 was dismissed for non compliance of the order of the District Commission.

2. The appellant herein being the complainant lodged the complaint before the Learned District Commission on the allegation of deficiency in service on the part of the respondent / opposite party. The appellant lodged the complaint before the Learned District Commission praying for the following reliefs :-

“i) An order directing the opposite party either to deliver possession, execution and registration of deed of conveyance in respect of the said apartment (which is morefully described in the Schedule A below) and said car parking space (which is morefully described in the Schedule B below ) along with completion / occupancy certificate issued by competent authority within 30 days

OR

alternative to refund the entire advance money amounting to Rs.25,68,800/-  (which are morefully described in the Schedule C) paid in respect of the said apartment and parking space along with 12% interest  per annum from the date of payment till realization;

ii) An order directing the opposite party to pay compensation of Rs.5,00,000/-  for deficiency of service and causing harassment and mental agony to the complainant;

iii) Litigation cost of Rs.50,000/- ;

iv) Commission;

v) Any other relief or reliefs as the complainant is entitled in law and in equity.”

3. In the instant case on the date of passing the impugned order, the complainant did not taken any steps. On the previous date also the complainant did not take any steps. Learned Advocate appearing for the appellant has submitted that as the case is meritorious one, another opportunity should be given to the appellant to proceed with the case keeping in view of the object behind the legislation of the Act.

4. Considering the facts and circumstances and keeping in view the word ‘Protection’ in the Act, I think that another opportunity should be given to the appellant / complainant to place all his cards before the Learned District Commission in accordance with the spirit behind the legislation of the Act for redressal of his grievance.

5. For the reason aforesaid, the order No. 10 dated 29.08.2023 is liable to be set aside on cost of Rs. 5,000/- (Rupees five thousand) only. The cost shall be paid to the respondent / opposite party before the Learned District Commission.

6. In the result, the appeal is allowed. The order No. 10 dated 29.08.2023 is hereby set aside. The appellant is directed to appear before the Learned District Commission on 15.02.2024 to receive further direction from the said authorities. It is also made clear that if the complainant fails to appear on the date fixed or any subsequent date / dates either by herself or through her Learned Advocate before the Learned District Commission, this order will automatically stand cancelled.

7. The Learned District Commission is directed to dispose of the case as early as possible. Notice upon the opposite party should be issued for hearing of the case by the Learned District Commission.

8. The Registry of this Commission is directed to send a copy of this order to the Learned District Commission, Howrah for information.