State Consumer Disputes Redressal Commission
Sri Debashis Ghosal vs Sri Anirban Chaudhuri & Others on 3 January, 2020
Cause Title/Judgement-Entry STATE CONSUMER DISPUTES REDRESSAL COMMISSION WEST BENGAL 11A, Mirza Ghalib Street, Kolkata - 700087 Interlocutory Application No. IA/541/2019 ( Date of Filing : 19 Jun 2019 ) In Complaint Case No. CC/348/2016 1. Sri Debashis Ghosal S/o Lt. Tarapada Ghosal, 12, Harisabha Lane, P.S.- Parnasree, Kolkata -700 060. ...........Appellant(s) Versus 1. Sri Anirban Chaudhuri & Others S/o Lt. Sudhansu Sekhar Chaudhury, Flat no.401, 4th Floor, 16, Harisava Road, P.S. Parnasree, Kolkata - 700 060. ...........Respondent(s) BEFORE: HON'BLE MR. JUSTICE ISHAN CHANDRA DAS PRESIDENT HON'BLE MRS. SAMIKSHA BHATTACHARYA MEMBER HON'BLE MR. SHYAMAL KUMAR GHOSH MEMBER For the Appellant: Mr. Pratyush Sarkar, Advocate For the Respondent: Mr. Debtanay Banerjee, Advocate Dated : 03 Jan 2020 Final Order / Judgement
HON'BLE MR JUSTICE ISHAN CHANDRA DAS,PRESIDENT This is to consider an Interlocutory Application filed by the OP NO.2 Debasis Ghosal who prays for a direction of stay of the proceeding of the Complaint Case being C.C. 348 of 2016 till disposal of the T.S. 289 of 2015, T.S. 1362 of 2018 and T.S. 0110799 of 2014 for the purpose of avoiding conflicting of decisions to be taken by different courts and the decision in C.C.348 of 2016, pending before this Commission. Such prayer of the OP NO.2 was duly opposed by the Complainant who by filing Written Objection stated that the complainant of C.C. 348 of 2016 entered into an Agreement for sale with the Developer and Land owners i.e. OPs herein for purchasing a flat measuring 1250 sq.ft. super built up area, described in the schedule of the Petition of complaint by virtue of an Agreement dated 16.1.2012. Since the property involved in the Title suits is 16, Harisava Road, Kolkata which is involved in the Complaint case , it would not in proper to stay all the proceedings of the Complaint case for avoiding conflicting decisions which may arise if the Complaint case is disposed of in the meantime. Hon'ble National Commission in Vinod Kumar Kataria -Vs- Aruta, reported in 2017(4) CPR 179 (NC), held that if a matter is already pending for adjudication in a Civil court , the same cannot be considered before a Consumer Forum simultaneously and in view of the said decision of the Hon'ble National Commission we allow this Interlocutory Application being IA/541/2019 and stay the proceedings of C.C. 348 of 2016, till disposal of the above noted suits for the purpose of administering proper justice.
To 24.3.2020 for further order awaiting report about the fate of Title suits pending before the Civil Courts as stated earlier. [HON'BLE MR. JUSTICE ISHAN CHANDRA DAS] PRESIDENT [HON'BLE MRS. SAMIKSHA BHATTACHARYA] MEMBER [HON'BLE MR. SHYAMAL KUMAR GHOSH] MEMBER