| STATE CONSUMER DISPUTES REDRESSAL COMMISSION | | WEST BENGAL | | 11A, Mirza Ghalib Street, Kolkata - 700087 |
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| Revision Petition No. RP/90/2019 | | ( Date of Filing : 23 Sep 2019 ) | | (Arisen out of Order Dated 14/06/2019 in Case No. Complaint Case No. CC/431/2018 of District Howrah) |
| | | | 1. Samit Roy & Others | | S/o Dilip Roy, 101/A/8, Brindaban Mullick Lane, 4th Floor, P.S. Bantra, Dist.Howrah - 711 101. | | 2. Sri Subhankar Saha | | S/o Dinesh Chandra Saha, 60, Sardar Boxil Lane, Howrah - 711 101. | | 3. Kazi Aniruddha | | S/o Kazi Wazed Ali, 22/C, Judges Court Road, Kolkata - 700 027. |
| ...........Appellant(s) | |
| Versus | | 1. Sri Debi Prasad Mukherjee & Others | | S/o Lt. Manmatha Nath Mukherjee, 101/A/8, Brindaban Mullick Lane, 1st Floor, P.S. Bantra, Dist. Howrah - 711 101. | | 2. Biswajit Mukherjee | | S/o Lt. Rabindra Nath Mukherjee, 101/A/8, Brindaban Mullick Lane, 4th Floor, P.S. Bantra, Dist. Howrah - 711 101. | | WEST BENGAL | | 3. Shankar Mukherjee | | S/o Lt. Rabindra Nath Mukherjee, 101/A/8, Brindaban Mullick Lane, 4th Floor, P.S. Bantra, Dist. Howrah - 711 101. | | WEST BENGAL | | 4. Jharna Mukherjee | | W/o lt. Sachindra Nath Mukherjee, H-4/42, Flat no.1, Mohabir Enclave, Bengali Colony, New New Delhi - 100 045. | | 5. Papiya Sarengi Mukherjee | | W/o Sri Prasanta Mukherjee & D/o Lt. Sachindra Nath Mukherjee, H-4/42, Flat no.1, Mohabir Enclave, Bengali Colony, New New Delhi - 100 045. |
| ...........Respondent(s) |
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| BEFORE: | | | | HON'BLE MR. JUSTICE MANOJIT MANDAL PRESIDENT | |
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| PRESENT: | Mr. Amarnath Sanyal, Advocate for the Petitioner 1 | | | Subhankar Mondal,Dipendra Ghosh, Advocate for the Respondent 1 | |
| Dated : 29 Apr 2024 |
| Final Order / Judgement | HON’BLE MR. JUSTICE MANOJIT MANDAL, PRESIDENT - The present Revision Petition has been filed challenging the impugned order dated 14.06.2019 passed by the Ld. District Consumer Disputes Redressal Forum (now Commission), Howrah in connection with the Consumer Case No. CC/431/2018.
- The Opposite Parties/Complainants filed a complaint case being No. CC/431/2018 against the revisionists and others praying for the following reliefs:
- A direction upon the opposite party Nos. 1 to 3 asking them to leave the C-Schedule mentioned vacant land in favour of the original land-owners including the complainants and also to deliver the D-Schedule mentioned remaining 36 sq. ft. of portion of flat or to give the present market price equivalent to 36 sq. ft. of portion of flat in favour of the complainants;
- A further direction upon the opposite party Nos. 1 to 3 to pay compensation to the tune of Rs.2,00,000/-;
- Any other relief or reliefs to which the complainants are entitled to.
- The Revisionists/Opposite Party Nos. 1, 2 & 3 entered appearance in this case on 01.04.2019. On 14.06.2019 was fixed for filing written version by revisionists/opposite party Nos. 1, 2 & 3. On the date, the revisionists/opposite parties did not take any steps and none appeared on calls before the Ld. District Commission on behalf of them. As such, the Ld. District Commission below was pleased to fix the date for ex parte hearing against the revisionists /opposite parties by the order impugned.
- Being aggrieved by and dissatisfied with the said order, the revisionists /opposite parties have preferred this Revisional Application.
- Ld. Advocate appearing for the revisionists/opposite parties submits before this Commission that Ld. District Commission erred in passing the impugned order dated 14.06.2019. He has further submitted that Ld. District Commission below should have perused the entire case record where it could have noticed that the written version was already filed within the statutory period. So, the impugned order passed by the Ld. District Commission should be set aside and revisionists/opposite parties should be permitted to contest the Consumer Case.
- Having heard the Ld. Advocate appearing for the revisionists and on careful perusal of the record it appears to me that the revisionists/opposite parties filed put up petition and written version on 16.04.2019. The said petition and written version bear filing seal dated 16.04.2019 of the District Commission but the said put up petition and the written version bear no signature or any endorsement of any members of the District Commission. There is also no endorsement of the complainants’ side to the effect that copy of the same were served to them before filing of the same. The copy of order-sheets also goes to show that there is no whisper in the order-sheets about the filing of put up petition and written version by the revisionists/opposite parties on 16.04.2019. So, the doubt crops up in the mind about the filing of put up petition and written version on 16.04.2019 by the revisionist/opposite party Nos. 1, 2 & 3. However, having regard to the facts of the case and equality in the interest of the complainants, I allow the Revision Petition. The Order No. 7 dated 14.06.2019 passed by the District Consumer Disputes Redressal Forum (now Commission) Howrah is hereby set aside with the following directions, subject to a cost of Rs.10,000/- (Rupees ten thousand) only to be deposited with the S.C.W.F. by the revisionists/petitioners by 15.05.2024 and another Rs.10,000/- (Rupees ten thousand) only to be paid by the revisionists/opposite parties within the same period to the complainants. Written version allegedly filed by the revisionist/opposite party Nos. 1,2 & 3 on 16.04.2019 will be accepted by the Ld. District Commission below after making of such payment. The parties are directed to appear before the Ld. District Commission on 17.05.2024 for receiving further direction.
- The matter shall be heard by the Ld. District Commission below on merit.
- The Revision Petition is, thus, disposed of, accordingly.
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| | | [HON'BLE MR. JUSTICE MANOJIT MANDAL] | PRESIDENT
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