KUNDAN KUMAR KUMAI

This is an application u/s 41 of the Consumer Protection Act, 2019, preferred against the judgement dated 23/06/2023, passed by the Ld. DCDRC, Raiganj, Uttar Dinajpur, in CC/05/2023.

The Appellant’s case in brief is that, the Appellant with an intention to purchase a flat from the Respondents/OPs, on land having JL No.113, Mouza Baruipur, PS Baruipur, RS 3630, RS Plot 3634, RS Khatian No.115 under Ram Nagar Gram Panchayat, Dist. 24-Prgs(S), had executed a Contract on 25/09/2016 and had advanced a sum of Rs.3,20,000/- (Rupees three lakhs twenty thousand) only, against a Receipt dated 25/09/2016, on the assurance, that the Respondents/OPs would hand over the flat, after completion of the flat. The Appellant/Complainant being assured, waited for the completion of the construction of the flat. In April, 2019, the Appellant/Complainant came to know that the Respondents/OPs had not started construction on the scheduled land. The Appellant/Complainant contacted with the Respondents/OPs, but no action was taken to resolve the problem.

Finding no alternative, the Appellant/Complainant, sat on Dharna in front of the office of the Respondents/OPs, in the month of March, 2022. In response, the Respondents/OPs office, to refund the amount, issued 6 (six) Cheques of Punjab National Bank, Kolkata, in favour of the Appellant/Complainant.  On 24/03/2022, the said Cheques had been deposited for encashment, but the same had been returned, due to insufficient funds. This deficiency in service of the Respondents/OPs, caused mental and physical harassment. Thereafter, a claim case had been filed before the Ld. DCDRC, Raiganj, Uttar Dinajpur, with necessary prayers.

The Respondents/OPs did not appear to contest the claim and the case was heard ex-parte against them.

After going through the evidence and materials on record, filed by the Appellant/Complainant, the Ld. DCDRC, Raiganj, Uttar Dinajpur, vide the impugned order, dismissed the case.

Being aggrieved by the above order, the Appellant preferred this instant appeal, on the ground that the Ld. DCDRC, Raiganj, Uttar Dinajpur, had erred in law and facts, while passing the impugned order.

Decisions with Reasons

Ld. Advocate for the Appellant, had submitted at the time of final hearing, that the Appellant’s husband Ajit Pal had been the tadbirkar in the dispute between the Appellants and the Respondents, for which reason the Respondents had issued the Cheques in his favour, which had been dishonoured. Under the circumstance, the impugned order dismissing the claim, on the ground of limitation, cannot be sustained, as the husband and wife is one entity. He had relied in the judgements passed in Smt. Sonali Chatterjee w/o Joyanta Chatterjee Vs. Mrs. Sumitra Halder & Ors. passed by the Hon’ble WBSCDRC, Kolkata, in Shri Dilip Gopal Ghume & Ors. Vs. M/s. Ionic Realty (Eco-City) Pvt. Ltd. & Ors. passed by the Hon’ble Maharashtra SCDRC, in Shri Chandra Sekhar Singh Vs. Bengal Unitech Universal Infrastructure Pvt. Ltd. passed by the Hon’ble WBSCDRC, Kolkata and in Gaziabad Development Authority Vs. Balbir Singh reported in (2004) 5 SCC 65.

None appeared on behalf of the Respondents, as such the appeal was heard ex-parte.

On perusal of the impugned order, it transpires that the Ld. DCDRC, Raiganj, Uttar Dinajpur had dismissed the case mainly on the ground of expiry of the limitation period of 2 (two) years, relying on the last date of 26/08/2019, but it well-known, that after the on-set of the Pandemic, the Hon’ble Supreme Court, had extended the limitation period till February, 2022 and therefore the ground of dismissal by the Ld. DCDRC, Raiganj, Uttar Dinajpur cannot be sustained. As the dispute had been dismissed, merely on technical grounds, the instant appeal needs to be remanded for a fresh decision covering all the merits of the case. As a result, the instant appeal succeeds.

It is therefore,

                                                                    ORDERED

That the instant appeal be and the same is allowed ex-parte against the Respondents, but without cost.

The impugned order is hereby set aside. The Ld. DCDRC, Raiganj, Uttar Dinajpur, is directed to write a fresh judgement, covering all the aspects and merits of the case, after full trial.

Copy of the order be sent to the parties, free of cost.

Copy of the order be sent to the Ld. DCDRC, Raiganj, Uttar Dinajpur, for necessary compliance.