Hon'ble Mr. Ajeya Matilal, Presiding Member
The Learned Advocates for the both sides are present.
Heard the matter.
Being aggrieved by and dissatisfied with order No. 5 dated 25.01.2021 passed by the SCDRC, North 24- Parganas, Barasat dismissing the CC/88/2020 the appellant complaint preferred this appeal.
In the impugned order the Learned Forum below, observed:
“Ädvocate appeäred on behalf of the complainants walked through the reference which is reported in AIR 2000 SC 2181 and on some definitions from the Sale of Goods Acts, 1930 (Definition goods). Section 80 of redeemable preference shares interlia and submitted that the status of the petitioners is consumer as per provision laid down under Section 2(7) of the C.P. At, 2019 and as such he opined that the instant case is entertainable in this Commission and the complainants are entitled to have reliefs as they sought for from this Commission. Heard him. Peruse the complainant. We have gone through the cited reference and provisions. We found no parity in between the facts of this case and the cited reference. Rather the reliefs as sought for by the complainants are not enumerated under Section 39 of the C.P. Act, 2019. As such the instant case is dismissed. However, the complainants are at liberty to seek reliefs as they prayed for from the appropriate court of law.”
We found that the impugned order is a cryptic one.
The provisions of law were not duly explained by the forum below. Furthermore, whether the complainants are consumers or not is a mixed question of fact and law. We are of the view that the matter should have been dealt with only after consideration of evidence adduced by both the parties.
So, in view of the above observance, the impugned order is not sustainable in law and the matter requires to be remanded back to the commission below for proper adjudication.
Accordingly, FA 37 of 2021 is allowed.
The impugned order is set aside. The parties are directed to appear before the SCDRC, North 24- Pgns., Barasat on 21.11.2023.The Learned Forum below is requested to dispose of the case after giving an opportunity to of both sides of being heard including the opportunity of filing written version and adducing evidence by both parties within 3 months from the date of appearance of the parties without being influenced by any observation made by this Commission. There shall be no order as to the costs. Order of stay, if there is any, in connection with the present office stands vacated.
