W/V is filed by the Ld. Advocate of the OP 1 with copy to the Ld. Advocate on the other side in compliance with the direction issued on 27.05.2022. Objection is raised from the other side.

Today is fixed for hearing of MA being No. 75/2022.

Heard the Ld. Advocate of OP 3 and 4 who has filed the aforesaid application and the Ld. Advocate of OP 1 and the authorized representative of the complainant namely Kunal Saha for and against the aforesaid miscellaneous application. By filing the aforesaid application the OP 3 has sought for an order of stay of further proceeding of this case mainly on the ground that the criminal case is the pending over the self same matter. He has relied upon a decision reported in Civil Appeal No. 5477 of 2008 passed in 09.09.2009 in respect of his submission.

The authorized representative of the complainant submits that in view of the order passed in First Appeal No. 1263 of 2018 on 24.12.2021 stay order cannot be issued in consumer case due to pendency of criminal case. Consumer Protection Act is a branch of Law of Torts and only remedy available under CP Act is ‘damages’. In a criminal case remedy is ‘punishment’. Any order that may be passed in CP Act is not likely to come in conflict with an order that may be passed in criminal case. There is no need to issue a stay order.

The MA is therefore dismissed on contest.

Copies of Page No. 221, 244 and 164 and 247 are supplied to the Ld. Advocate of OP 1 as per previous order and he prays for scope of filing additional W/V. 

30.06.2022 is fixed for filing additional W/V by OP 1.

Dictated and corrected by

[HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT