HON’BLE MR. JUSTICE MANOJIT MANDAL, PRESIDENT
- This revision petition is at the instance of the revisionists / petitioners and is directed against the order dated 12.02.2024 passed by the Learned District Consumer Disputes Redressal Commission, Ground Floor, NNICE Building, Chinsurah, Hooghly ( in short, ‘the District Commission’) in connection with consumer complaint case No. CC/88/2022 whereby the Learned District Commission was pleased to allow the amendment petition dated 08.05.2023 filed by the complainant and opposite parties are permitted to file additional written version.
- The revisionists / petitioners being complainants filed a petition of complaint before the Learned District Commission being No. CC/88/2022 praying for the following reliefs :-
“a) An order be passed directing above opposite party members to cause execution & registration of proper Deed of Sale in favour of these complainants transferring ‘Maliki’ interest of above flat more fully described in the schedule hereto (SCHEDULE-III which is part of Agreement for Sale) failing which (i) the opposite party members will compensate the complainants for sufferings simple interest @10% p.a. on the sale consideration price i.e. Rs.5,44,600/- till the execution and registration of Proper Deed of Sale and (ii) opposite party NOS. 1, 1a, 1b, 1c, 1d, 1e will return back Rs.34,000/- (pl. refer to para No. 10) along with simple interest @10% p.a. from 26.05.2011 till full realization thereof.
b) An order be passed directing above opposite party members to provide the complainants with important documents such as possession letter, completion certificate, Municipality-sanctioned building plan and record of right (ROR) etc. of the suit property belonging to the aforementioned “ANANDAMELA” Housing Complex.
c) An order be passed directing above opposite party members to clear all tax liability (municipal tax, BL & LRO tax or “KHAJNA”) of the suit property prior to execution & registration of proper Deed of Sale in favour of these complainants.
d) An order of compensation of Rs.3,30,000/- in favour of the complainants towards the harassment and mental agony caused and deficiency in service and unfair trade practice.
e) An order to pay the complainants Rs.50,000/- towards the litigation cost.
f) An order be passed that upon non-compliance of the decree/final order by the opposite parties, cost and compensation amount will bear simple interest @10% p.a. till full realization thereof.
g) Any other relief or reliefs as your Honour may deem fit and proper.”
- After filing of the case the petitioners / revisionists filed an amendment petition to correct some inadvertent typographical errors. The Learned District Commission below was pleased to allow the said amended petition and opposite parties were permitted to file additional written version by the order impugned.
- Being aggrieved by and dissatisfied with the said order the revisionists / petitioners have preferred this revisional application.
- Heard the Learned Advocate appearing for the revisionists / petitioners and carefully perused the record, memo of revision petition and other documents.
- Having heard the Learned Advocate appearing for the revisionists / petitioners and on careful perusal of the record it appears to me that during the pendency of the consumer complaint case the revisionists / petitioners filed an application praying for amendment of the petition of complaint. It also appears to me that the said amendment application filed by the revisionists / petitioners / complainants was allowed by the Learned District Commission.
- The amendment petition filed by the complainants was allowed as the amendments sought for from the complainant’s side was formal in nature and it would not change the nature and character of the case. Since the amendment petition filed by the petitioners / revisionists /complainants was allowed by the Learned District Commission, the Learned District Commission was pleased to give opportunity to the opposite parties for filing additional written version.
- I am of the view that the Learned District Commission has rightly allowed the amendment application and has rightly given the opportunity to the opposite party for filing additional written version. Therefore, I find that there is no incorrectness, illegality and impropriety in the impugned order passed by the Learned District Commission. In view of the matter, I hold that the order of the Learned District Commission below should not be disturbed. Therefore, there is nothing to interfere with the impugned order. So, the revision petition is without any merit. It is, therefore, dismissed without any costs.
- The opposite parties are only permitted to file additional written version only in respect of the amended portion of the petition of complaint.
- Let a copy of this order be sent down to the Learned District Commission below at once. The Learned District Commission is directed to dispose of the case as early as possible without granting any unnecessary adjournments to either of the parties.
- Office to comply.
