West Bengal

StateCommission

A/821/2019

Sri Saptarshi Ghosh & Another - Complainant(s)

Versus

M/s. Ganapati Construction & Others - Opp.Party(s)

Mr. Debnath Saha

28 Apr 2023

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
WEST BENGAL
11A, Mirza Ghalib Street, Kolkata - 700087
 
First Appeal No. A/821/2019
( Date of Filing : 03 Dec 2019 )
(Arisen out of Order Dated 05/11/2019 in Case No. EA/71/2012 of District South 24 Parganas)
 
1. Sri Saptarshi Ghosh & Another
S/o Lt. Samiran Ghosh, 77A/25, Dr. Subodh Chandra Mullick Road, Kolkata -700 092, P.S.- Jadavpur, Dist. South 24 Pgs.
2. Smt. Tapashi Ghosh
W/o Lt. Samiran Ghosh, 77A/25, Dr. Subodh Chandra Mullick Road, Kolkata -700 092, P.S.- Jadavpur, Dist. South 24 Pgs.
...........Appellant(s)
Versus
1. M/s. Ganapati Construction & Others
Office at 77A/22, Raja Subodh Chandra Mullick Road, Kolkata -700 092, P.S.- Jadavpur, Dist. South 24 Pgs.
2. Sri Pinaki Sen, partner, M/s. Ganapati Construction
S/o Lt. S.K. Sen, D/26, Bapuji Nagar, P.S. - Jadavpur, Kolkata - 700 092.
3. Sri Goutam Dutta, partner, M/s. Ganapati Construction
S/o Lt. N.B. Dutta, 2/9, Chittaranjan Colony, P.S. - Jadavpur, Kolkata -700 092.
4. Smt. Jhumur Dasgupta alias Suchita Dasgupta
77A/2, Raja S.C. Mallick Road, Kolkata - 700 092.
5. Smt. Rinku Dutta alias Mousumi Dutta
2/9, Chittaranjan Colony, Kolkata - 700 092.
6. Sri Susovan Chowdhury
77A/25, 1st Floor, Raja S.C. Mallick Road, Kolkata - 700 092.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. AJEYA MATILAL PRESIDING MEMBER
 HON'BLE MRS. SOMA BHATTACHARJEE MEMBER
 
PRESENT:Mr. Debnath Saha, Advocate for the Appellant 1
 Ms. Binota Roy. Ms. Priyanka Das., Advocate for the Respondent 1
Dated : 28 Apr 2023
Final Order / Judgement

Hon’ble Mr. Ajeya Matilal, Presiding Member

          Ld. Advocates for both sides are present.

          Heard them.

          Being aggrieved by and dissatisfied with the Order No. 73 dt. 05.11.2019 passed by DCDRF, Baruipur, South 24 Pgs directing the J.dr Nos. 1, 2 & 3 to demolish the portion of the guard room and supply the Completion Certificate to the D.hr, the Appellant D.hr preferred this Appeal.

          In the impugned order, the Forum below also directed the D.hr to extend cooperation to the J.drs for such demolition work, if asked for by the J.dr Nos. 1, 2 & 3.

         As per Section 27(a) of the Consumer Protection Act 1986, an appeal may be preferred before this Commission against any Order passed under section 27 of the said Act imposing penalties by the District Consumer Forum.

          The Section 27 of the Act runs like this.

27. Penalties.-

        [(1)] Where a trader or a person against whom a complaint is made [or the complainant] fails or omits to comply with any order made by the District Forum, the State Commission or the National Commission, as the case may be such trader or person [or complainant] shall be punishable with imprisonment for a term which shall not be less than one-month but which may extend to three years, or with fine which shall not be less than two thousand rupees but which may extend to ten thousand rupees, or with both.

           But it appears from the impugned order that no penalty was imposed upon any person u/s 27 of the aforesaid Act.       

           So, in our view, the instant Appeal is devoid of merit. So, there is no scope to interfere with the impugned order.

           Accordingly, the A/821/2019 is dismissed on contest. There shall be no order as to the costs.

           Let a copy of the Order be sent to the Forum below.             

 
 
[HON'BLE MR. AJEYA MATILAL]
PRESIDING MEMBER
 
 
[HON'BLE MRS. SOMA BHATTACHARJEE]
MEMBER
 

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