SAMIKSHA BHATTACHARYA, MEMBER
The instant Revision Petition has been filed u/s 47(1)(b), C.P. Act, 2019 by the Revisionist/OP No. 1 of the original complaint case questioning the propriety of order dated 27/05/2022 passed by the Ld. Additional Consumer Disputes Redressal Commission, Rajarhat, (New Town) in CC/46/2022.
Ld. Advocate for the Revisionist has submitted that he has failed to prepare written version as part documents supplied to him are not at all legible. However, in the course of proceedings he has already filed written version though some of the pages with the complaint petition are illegible. OP No. 1/Revisionist has filed a petition to that effect before the Ld. Additional Consumer Disputes Redressal Commission, Rajarhat and upon hearing both the sides and perusing the copies of the documents annexed with the complaint, the Ld. Additional Consumer Disputes Redressal Commission, Rajarhat has observed that only page Nos. 221, 247 and 164 are not so much legible.
Ld. Counsel for the Revisionist has submitted that except three pages, there are other number of pages which are illegible, such as Page Nos. 161, 166, 168, 169, 171, 172, 174, 175, 176, 177, 178, 179, 180, 183, 187, 188, 191, 194, 204, 208, 211, 212, 214, 216, 217, 218, 220, 222, 225, 226 and 296.
Ld. District Commission has passed the order with direction to the Ld. Advocate for the complainant for supplying the aforesaid three pages i.e., Page Nos. 221, 247 & 164 to the Ld. Advocate of OP No. 1 and fixed the date for filing written version by OP No. 1. The OP No. 1 has already filed their written version before the Ld. Additional Consumer Disputes Redressal Commission though the number of pages which are mentioned earlier are not legible. The OP No. 1 is not in a position to give appropriate reply in the written version and, therefore, he craves leave before the Ld. Additional Consumer Disputes Redressal Commission to amend the same, if necessary.
Ld. Advocate appearing for the Revisionist has submitted that the Ld. Additional Consumer Disputes Redressal Commission has erred in observing in the order dated 27.05.2022 that only Pages No. 221, 247 & 164 are no so much legible. The Ld. Commission has acted illegally and passed its order with material irregularity by not directing the complainant to provide the typed copy of all pages, in particular the above noted pages.
Hence, he has further submitted that the Ld. Additional Consumer Disputes Redressal Commission, Rajarhat, ought to have considered the fact that the OP No. 1 is not in a position to submit the written version relying upon the illegible copies annexed with the complaint petition. Hence, he prays before this Commission to set aside/quash/modify the impugned order of the Additional Consumer Disputes Redressal Commission, Rajarhat by allowing the instant Revision Petition and direct the complainant to supply typed copy of all pages which are handwritten and/or not legible and the limitation to file the written version can be considered up to the date when all handwritten legible papers would be delivered by the complainant.
Authorized representative of the complainants has submitted that the complainant has possesses the same copy which are annexed with the petition of complaint. Ld. Advocate for the OPs No. 2, 3 and 4 has also submitted that they are also provided with the illegible copies.
Upon hearing the parties and on perusal of the record and scrutinizing the pages which are mentioned by the Revisionist as not legible we have observed that the Page Nos. 164, 166, 208, 211, 212, 214, 217, 221, 222, 225, 247 & 296 are not much legible.
In the result, the order passed by the Ld. Additional Consumer Disputes Redressal Commission should be modified.
Therefore, the complainant is directed to file the best possible legible copies of the above noted pages before the Ld. concerned Commission on 09.02.2023.
In view of above, the order dated 27th May, 2022 passed by Ld. concerned Commission be modified to the following extent:
The Ld. Advocate of the complainant is directed to supply the aforesaid 12 pages to the Ld. Advocate of OP No. 1/Revisionist on 09.02.2022.
Fix 09.02.2023 for appearance of the parties before the concerned Commission and for filing copy of above noted pages by the complainant and for receiving further direction from the Ld. Additional Consumer Disputes Redressal Commission, Rajarhat.
In view of above, the Revision Petition is modified on contest and disposed of accordingly.
Office is directed to send a copy of this order to the Ld. Additional Consumer Disputes Redressal Commission, Rajarhat.
