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. 4 dated 28/03/2024 passed by the Learned District Consumer Disputes Redressal Commission, Howrah ( in short, ‘the District Commission’) in connection with M.A. Case No. 113 of 2023 arising out of complaint case No. CC/148/2023 whereby the Learned District Commission was pleased to reject the maintainability application.

2. The respondents being complainants filed a petition of complaint before the Learned District Commission being No. 148/2023 praying for the following reliefs :-

“a) The opposite party to refund the amount paid the complainants i.e. Rs.2,06,259/- (Rupees  Two Lacks Six Thousand Two Hundred and Fifty Nine) only along with interest up to date to the complainants;

b) The opposite party to pay the further sum of Rs.3,00,000/- on account of compensation of harassment and for sufferance of mental agony owing to deliberate deficiency of service and unfair trade practice on the part of the opposite party;

c) Rs.50,000/- for litigation;

d) Further relief or reliefs as the complainants are entitled to get in law and in equity.”

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 impugned order the revisionist / petitioner has preferred this revisional application.

6. Heard the Learned Advocate appearing for the revisionist / petitioner and carefully perused the record, the memo of revision petition 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 barred by limitation, describing some facts in the said petition.

8. I think that the points as mentioned in the application is a mixed question of facts and law as it depended 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 also goes to show that the complaint case is at the stage of recording evidence and complainants’ side has already filed an evidence on affidavit and against the same evidence on affidavit the opposite parties also filed questionnaires. 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 question of maintainability which has been raised by the opposite party by this petition, the same can be heard along with the trial of the case being No. CC/148/2023. Therefore, I find that there is no incorrectness, illegality and impropriety in the impugned order passed by the Learned District Commission.

10. Learned Advocate appearing for the revisionist in support of his argument has relied upon the decisions reported in AIR 2009 Supreme Court 2010, and another unreported judgment passed by the Hon’ble Apex Court in connection with case No. Appeal (Civil) 6572 of 2005.  However, reliance of these two judgments in the adjudication of this matter, facts being at variance, would be misplaced.

11. 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.

12. Considering the facts and circumstances of the case, there will be no order as to costs.

13. The Learned District Commission below is directed to dispose of the case as early as possible without granting any unnecessary adjournments to either of the parties.

14. Let a copy of the order be sent to the Learned District Commission below at once.

15. Office to comply.