This appeal is directed against the Final Order delivered by Ld. D.C.D.R.F., Alipurduar dated 04.04.2018 in reference to RBT/CC No 6 of 2017. The fact of the case in nutshell is that one Sukumar Ghosh the President and Editor of Calcutta Community Human Resource and Welfare Associations registered a Consumer Complaint before the Ld. D.C.D.R.F., Calcutta to the effect that his Association purchased a mobile phone item from M/S Gabba Mobile on 6^th April 2016 for providing it to an orphanage for use it to his study in higher course. The said mobile set found defective since the very date of purchase and the seller was approached to replace it or to pay the compensation. The approach was not considered in well manner and for that reason he on behalf of Ujjal Adhikary registered the instant Consumer Complaint. Said Ujjal Adhikary happens to be the sister’s son of Complainant Sukumar Ghosh by relation and Sukumar Ghosh is a permanent inhabitant of Falakata within the District of Alipurduar. Subsequently, by the order of Hon’ble State Commission Calcutta Bench the said Consumer Complaint was referred to Ld. District Forum Alipurduar by virtue of provisions of Section 17A of the C.P. Act, 1986. The one Ld. Agent Mr. M.L. Gupta was appointed on the part of the Complainant to look after the case of the Complainant Sukumar Ghosh. The O.P. in spite of notice did not appear to contest the case. On 04.04.2018 on the date of recording evidence it was revealed that the said mobile set was purchased in the name of Ujjal Adhikary and for that reason Sukumar Ghosh had no authority to institute the Consumer Complaint as he was no authorization to conduct the case on behalf of Ujjal Adhikary by execution of power of Attorney or authorization letter. So, due to some legal and technical defects the Consumer Complaint was dismissed. Being aggrieved this appeal follows that the observation of Ld. Forum was not correct and genuine one and it should be set aside and the Complainant should get a chance to continue the proceedings on the basis of Consumer Complaint registered by him. The appeal was admitted on its merit. The notice was sent to the respondent who has received the said notice through Post on 28.08.2019. Initially, on the prayer of the Complainant/Appellant Ld. Advocate Mr. Dalmia was appointed from Legal Aid Service Authority.  Subsequently, Mr. Rabbani has replaced him as Mr. Dalmia expressed his unwillingness to conduct the hearing. The respondent never approached before this Commission to contest the appeal. So, the appeal is heard in presence of Mr. Rabbani Ld. Advocate of the appellant appointed by the Legal Aid Panel who has conducted the hearing of appellant.

Decision with reasons

The documents placed before this Commission and the arguments canvassed by the Ld. Advocate of the appellant. It appears to the Commission that actually Ujjal Adhikary is a bonafide Consumer as because the subject matter that the mobile set was purchased in his name and Mr. Sukumar Ghosh the Complainant claimed that it was purchased for the use of Ujjal Adhikary who was an orphanage used it for the higher study but the said mobile set was found defective and it was approached to the seller for its replacement or rectification of the defects but it was not entertained on the part of the seller and for that reason Sukumar Ghosh on behalf of Ujjal Adhikary has registered the case. Now, the question is whether Sukumar Ghosh has any locus standi to institute a Consumer Complaint without having power nama in his name executed by Ujjal Adhikary. During the course of hearing the appeal one power nama has been produced on behalf of Sukumar Ghosh which speaks that the beneficiary Ujjal Adhikary has registered the Power Nama on 12^th February 2020 by which he has authorized Sri Sukumar Ghosh to conduct the case. The Ld. Forum has found some legal defects as because no Power Nama was there at the time of institution of the case. Rather, it was also found on the part of the Ld. D.C.D.R.F., Alipurduar that the Complainant was not vested the power to conduct the hearing. He relied upon the submission of the Ld. Agent Mr. M.L. Gupta who expressed his dissatisfaction before the Commission for noncooperation by the Complainant with him for smooth progress of the case. So, Ld. Forum found no merit in this case and for that reason the Consumer Complaint was dismissed but not on merit. It appears from the record that at the time of reassignment of the case the O.P. of the Consumer Complaint did not record their presence and they were not aware about the existence of the case and reassignment of the case. However, the O.P. of that case who happens to be the respondent in this appeal has received the notice of appeal who did not contest the appeal but we can draw a logical inference that the respondent O.P. has got information about the existence of the case.

It is also established that Sukumar Ghosh the Complainant is a physically handicapped person and a senior citizen who had faced some difficulties to appear before the Ld. Forum on regular basis and for that reason due to some miscommunication between him and his Agent he could not pursue the Consumer Complaint in a proper manner. However, the ultimate sufferer in this case is the beneficiary Ujjal Adhikary who could not properly used the said mobile set due to its disfunction status. So, in our view, the Complainant should get an opportunity to pursue his case for the benefit of Ujjal Adhikary and Mr. Sukumar Ghosh has already procured the Power Nama to have the empowerment to continue the process of pursuing the instant Consumer Complaint and for that reason the order of Ld. Forum should be interfered otherwise no proper justice would be prevailed.

Hence, it’s ordered

That the appeal be and same is allowed on merit without cost. That the Final Order of Ld. D.C.D.R.F., Alipurduar dated 04.04.2018 in RBT/CC No 6 of 2017 is hereby set aside. The Ld. Forum is asked to sent notice upon the Opposite Parties of this case that is M/S Gabba Smart Care and Others so that they may contest the case. The Complainant is asked to appear before the Ld. D.C.D.R.F., Alipurduar to follow the next instruction to be passed by the Ld. D.C.D.R.F., Alipurduar on 11.01.2022.

Let a copy of this order be supplied to the parties free of cost and the same to be communicated to the Ld. D.C.D.R.F., Alipurduar.