West Bengal

Howrah

MA/48/2023

1.(B) Sri Vijay Kumar Dubey - Complainant(s)

Versus

SRI ASHOK SHARMA, - Opp.Party(s)

15 Sep 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION HOWRAH
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Miscellaneous Application No. MA/48/2023
( Date of Filing : 31 Mar 2023 )
In
Complaint Case No. CC/80/2019
 
1. 1.(B) Sri Vijay Kumar Dubey
S/O. Late Raj Narayan Dubey, 30, Belur Road, P.S. Bally, Howrah, also at 6/3, Height Road, Liluah, P.S. Bally, Howrah 711204.
...........Appellant(s)
Versus
1. SRI ASHOK SHARMA,
S/O. Late Biswanath Sharma, 173/1, Grand Trank Road (N), P.S. Bally, Howrah 711204.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Debasish Bandyopadhyay PRESIDENT
 HON'BLE MR. Dhiraj Kumar Dey MEMBER
 HON'BLE MRS. Minakshi Chakraborty MEMBER
 
PRESENT:
 
Dated : 15 Sep 2023
Final Order / Judgement

Order No:   3                                                                      Date:15/09/2023

Today is fixed for hearing of this M.A.  Case which has been initiated by the O.P. of C.C.  Case No. 80/2019 over the issue that the complaint  Case No. 80/2019 is not maintainable.

This prayer has been contested  by the O.P. of this Misc. Case who is the complainant  of above noted C.C. Case by filing written objection. 

Heard argument of both sides.  Considered submission.

It is the main point of contention  and argument of the applicant side of the M.A. Case who is the O.P. of C.C. Case No. 80/2019 is that in Title Suit No.  358/2019 which is pending  before the  Ld. Civil Judge (Senior) Division  2nd Court, Howrah.  The Ops of this Misc. Case has obtained injunction  and that injunction order has been continued  time to time.  It is argued that this above  noted Title Suit   No. 358/2019 is pending in between the same parties of this case and so there is no justification of continuation of this C.C. Case No. 80/2019.  Over this issue  Ld. Advocate for the applicant  of this M.A. Case who is the O.P. of C.C. Case No. 80/2019 has filed the certified copy of the order dt. 17.07.2019.

On the other hand  the O.P.  of this M.A. Case  who is the complainant  of C.C. Case No. 80/2019 pointed out  that subject matter of C.C. Case No. 80/2019 and subject matter of Title Suit No. 358/2019 are totally different  and so for the pendency of the above noted Civil Suit,  this complaint case cannot be dismissed on the ground that it is not maintainable.

 

Now the question is whether  during pendency  of a Civil Suit  the jurisdiction of District Consumer Dispute Redressal Commission  for trying any complaint case prevail  or not . In this respect the decision of Hon’ble Apex Court  passed in the case of SATPAL MOHINDRA VS. SURINDRA TIMBER STORES  which is reported in (1999) 5  Supreme Court  Cases page 619 very important  where  Hon’ble  Apex Court  has been pleased to observe that suit filed  during pendency  of any proceedings before the Consumer Forum for a different relief  could  not oust the jurisdiction of Consumer Forum .  Similar view has also been observed by Hon’ble State Commission, W.B.  in the case of Devi Prasad Chaterjee Vs. Smt. Chaitali Das  which was observed on 5th March, 2020.

Considering  all these aspects the point of contention  of the applicant of the M.A. Case cannot be accepted.

It is found that this District Consumer Dispute Redressal Commission  has the jurisdiction to try the C.C. Case No. 80/2019 during pendency of Title Suit  No. 358/2019.

In the light of the observation made above this M.A. Case No. 48/2023  is dismissed  on contest.  Let the case record  of M.A. Case No. 48/2023 be tagged  with the case record of C.C. Case No. 80/2019

Dictated & corrected by me.

 

President

 
 
[HON'BLE MR. Debasish Bandyopadhyay]
PRESIDENT
 
 
[HON'BLE MR. Dhiraj Kumar Dey]
MEMBER
 
 
[HON'BLE MRS. Minakshi Chakraborty]
MEMBER
 

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