HON’BLE MR. JUSTICE MANOJIT MANDAL, PRESIDENT

1. This revision petition is at the instance of the revisionist / petitioner and is directed against the order No. 7 dated 24.04.2024 passed by the Learned District Consumer Disputes Redressal Commission, Kolkata Unit-III (South) ( in short, ‘the District Commission’) in connection with consumer case No. CC/352/2023 whereby the Learned District Commission was pleased to reject the maintainability application.

2. The respondent No. 1 being the complainant filed a petition of complaint before the Learned District Commission being No. CC/352/2023 praying for the following reliefs :-

“a) Directing the Opposite Parties to hand over a copy of the Completion Certificate and Sanction Plan of the above stated premises, issued by the competent authorities (K.M.C.) within 3 (Three) Months along with actual physical possession in habitable condition and without any litigation / case pending in suit premises;

b) Or Directing the Opposite Parties to refund the complainant value of 50,00,000/- (Fifty lakhs) being the entire consideration value of the above state flat plus compensation for mental pain and agony Rs.10,00,000/- (Ten Lakhs) and cost of litigation 10,00,000/- (Ten Lakhs)total amounting is Rs.70,00,000/- (Seventy Lakhs) compensation process of the said flat in all respect i.e. along with the cost of advocated fees; and other expenses;

c) And directing the respondent No. 6 to stop the EMI of the Complainant and take legal action against the aforesaid flat and on the Legal & Technical team of the RAC IDBI BANK BRABOURE ROAD – SOL-815;

d) And Directing the Opposite Parties No. 1 to 5 to pay the cost of the instant proceeding also;

e) To pass such other and further order/ orders as your Honour may deem fit and proper in the instant case.”

3. The revisionist / petitioner entered appearance in this case and filed an application challenging the maintainability of the complaint case.

4. The Learned District Commission was pleased to reject the said maintainability application by the order impugned.

5. Being aggrieved by and dissatisfied with the said order the revisionist / petitioner has preferred this revisional application.

6. Heard the Learned Advocate appearing for the revisionist / petitioner and carefully perused the record, memo of revision and other documents.

7. Having heard the Learned Advocate appearing for the revisionist / petitioner and on perusal of the record it appears to me that the revisionist / petitioner filed an application challenging the maintainability of the case on the ground that the complaint case is not maintainable in law and the complainant is not a consumer under the Consumer Protection Act, 2019 and the complainant has filed the instant consumer case with an ulterior motive and mala fide intention to cause harassment to the opposite party No. 1 and describing some facts in the said petition. 

8. I think that the points as mentioned in the application are mixed question of law and facts as it dependent on the determination of the issue of the present complaint case. The said mixed question of law and facts are to be decided after taking evidence of both the parties. Record goes to show that the complaint case is at the stage of recording evidence. Therefore, this fact clearly proves that the complaint case is on the verge of disposal.

9. Under this facts and circumstances I hold that the Learned District Commission has rightly held that the petition of maintainability is not entertainable at this stage. Therefore, I find that there is no incorrectness, illegality or impropriety in the impugned order passed by the Learned District Commission.

10. 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.

11. Let a copy of this order be sent down to the Learned District Commission below at once. Learned District Commission is directed to dispose of the case as early as possible without granting any unnecessary adjournments to either of the parties.

12. Office to comply.