West Bengal

StateCommission

RC/09/30

Sri Sudhir Deria. - Complainant(s)

Versus

Sri Subasis Raha. - Opp.Party(s)

1. Mr. Panchanan Khatua, 2. Mr. Saptarshi Mukherjee.

20 Apr 2009

ORDER


STATE CONSUMER DISPUTES REDRESSAL COMMISSION , WEST BENGAL
BHAWANI BHAWAN (Gr. Floor), 31 Belvedere Road. Kolkata -700027
REVISION PETITION No. RC/09/30 of 2009

Sri Sudhir Deria.
Smt. Arati Deria. 		...........Appellant(s)

Vs.

M/s. Reepan Construction, a proprietorship Firm.
Sri Subasis Raha. 		...........Respondent(s)


BEFORE:
1. JUSTICE ALOKE CHAKRABARTI 2. MR. A K RAY

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


For the Appellant :


For the Respondent :




ORDER

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No. 1/20.04.2009.

Heard Mr. Panchanan Khatua, the Ld. Advocate for the Revision Petitioner.  Order under challenge 16th March, 2009.  The contention of the JDR - Petitioner is that the there is some claim in this judgement against the said JDRs and all questions are to be considered applying priciples under Section 47 CPC.  We have considered the said contention.  We find that the Forum below has taken a right decision considering the provision of 13(4) of the Consumer Protection Act.  We are also of the view that such dispute by one said judgement against other said JDR cannot be raised in the execution proceeding as also been held in the impugned order.  In the circumstances we do not find any ground for interference and the revision petition is dismissed.




......................JUSTICE ALOKE CHAKRABARTI
......................MR. A K RAY