West Bengal

StateCommission

RP/8/2023

Tata Motors Finance Ltd. - Complainant(s)

Versus

Jagannath Mahato - Opp.Party(s)

Mr. Sayak Ranjan Ganguly. Mousam Biswas.

26 Sep 2024

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
WEST BENGAL
11A, Mirza Ghalib Street, Kolkata - 700087
 
Revision Petition No. RP/8/2023
( Date of Filing : 18 Jan 2023 )
(Arisen out of Order Dated 07/12/2022 in Case No. Complaint Case No. CC/4/2020 of District Jhargram)
 
1. Tata Motors Finance Ltd.
10th Floor, 106 A and B, Makers Chambers III, Nariman Point, Mumbai, P.O.- Nariman Point, P.S.- Marine Drive, Maharashtra, Pin- 400 021.
2. Tata Motors Finance Ltd.
2nd Floor, Lodha Techno Campus, Pokhran Road, 2, Thane (West), Pin- 400 607.
3. Tata Motors Finance Ltd.
1st Floor, Beside Inda-OT Road, JL- 232, Karaddug Real Estate, Kharagpur, P.O.- Inda, P.S.- Kharagpur (Local), Dist- Paschim Medinipore, West Bengal, Pin- 721 301.
...........Appellant(s)
Versus
1. Jagannath Mahato
S/o, Sri Rameshwar Mahato. Vill- Kamarbandhi, P.O.- Garh Salboni, P.S.- Jhargram, Dist- Jhargram, Pin- 721 518.
2. Paraj Motors Pvt. Ltd.
O.T.Road, Hazi Chak, P.O.- Matkatpur, Paschim Medinipore, Pin- 721 305.
3. Registering Authority, Regional Transport Authority
Office of the District Magistrate, Motor Vehicles Department, Jhargram, Pin- 721 507.
4. Motor Vehicles Department, Regional Transport Officer, Government of West Bengal
Public Vehicles Department, Jhargram, Pin- 721 507.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. AJEYA MATILAL PRESIDING MEMBER
 HON'BLE MR. NITYASUNDAR TRIVEDI MEMBER
 
PRESENT:Mr. Sayak Ranjan Ganguly. Mousam Biswas., Advocate for the Petitioner 1
 Aritra Roychowdhury., Advocate for the Respondent 1
Dated : 26 Sep 2024
Final Order / Judgement

Hon’ble Mr. Ajeya Matilal, Presiding Member

Ld. Counsels appearing for both sides are present.

Today is fixed for final hearing of the Revision Petition.

Revision Petition is taken up for hearing.

Being aggrieved and dissatisfied with the Order being No.28 dated 07.12.2022 passed by DCDRC, Jhargram in connection with complaint case No.CC/4/2020 holding that the Consumer Commission is a Special Court formed under special legislation and has exclusive jurisdiction to try the consumer disputes and Ld. Forum below also observed that the aforesaid case was due to consumer disputes of any unfair trade practice and the Commission below has exclusive jurisdiction to entertain the case.  Commission below fixed a date on 18.01.2023 for filing questionnaire by the Opposite Parties.

Heard all concerned.

It appears the matter relates to mixed question of fact and law and it is required to be adjudicated by the DCDRC concerned after considering the fact to be adduced by the parties.

Hence,

It is therefore,

O R D E R E D

that the Revision Petition is allowed on contest but without cost.

Ld. DCDRC, Jhargram is directed to dispose of the case in accordance with law without being influenced by any observation of this Commission within three months from the date of appearance of the parties.

Parties are directed to appear before the Commission below on 20.11.2024 at DCDRC, Jhargram.  The DCDRC, Jhargram would dispose the matter in accordance with law after giving opportunity as per rules.

The Opposite Parties must file questionnaire on that date before the Commission below.

Let a copy of this order be handed over to all concerned.

Thus, the Revision Petition stands disposed of.

Note accordingly.

Let the copy of this Order be sent to the Ld. DCDRC, Jhargram

 
 
[HON'BLE MR. AJEYA MATILAL]
PRESIDING MEMBER
 
 
[HON'BLE MR. NITYASUNDAR TRIVEDI]
MEMBER
 

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