State Consumer Disputes Redressal Commission
M/S. Dewan Developers Pvt. Ltd. & Others vs Mr. Pintu Lal Sihi & Others on 31 March, 2022
Cause Title/Judgement-Entry STATE CONSUMER DISPUTES REDRESSAL COMMISSION WEST BENGAL 11A, Mirza Ghalib Street, Kolkata - 700087 Revision Petition No. RP/27/2022 ( Date of Filing : 08 Mar 2022 ) (Arisen out of Order Dated 15/12/2021 in Case No. CC/116/2021 of District South 24 Parganas) 1. M/s. Dewan Developers Pvt. Ltd. & Others 1/E, Diamond Harbour Road, P.S.- Thakurpukur, Kolkata- 700 104. 2. Mr. Depak Mondal S/O, Supal Mondal. 1/E, Diamond Harbour Road, P.S.- Thakurpukur, Kolkata- 700 104. 3. Anath Bandhu Mondal 1/E, Diamond Harbour Road, P.S.- Thakurpukur, Kolkata- 700 104. ...........Appellant(s) Versus 1. Mr. Pintu Lal Sihi & Others 126/6, Kayal Para, Barabagan, Joka, P.O.- Joka, P.S.- Thakurpukur, Kolkata- 700 104. 2. M/S Sonakshi Real Estate Pvt. Ltd. Bakrahat Road, Hanspukur, P.O.- Joka, P.S.- Thakurpukur, Kolkata- 700 104. 3. Mintu Mistry 1/E, Diamond Harbour Road, P.S.- Thakurpukur, Kolkata- 700 104. 4. Babon Seikh 1/E, Diamond Harbour Road, P.S.- Thakurpukur, Kolkata- 700 104. 5. Dipankar Baidya 1/E, Diamond Harbour Road, P.S.- Thakurpukur, Kolkata- 700 104. ...........Respondent(s) BEFORE: HON'BLE MRS. SAMIKSHA BHATTACHARYA PRESIDING MEMBER HON'BLE MR. SHYAMAL KUMAR GHOSH MEMBER PRESENT: Mr. Surojit Sengupta, Advocate for the Petitioner 1 None appears ......for the Respondent Dated : 31 Mar 2022 Final Order / Judgement SAMIKSHA BHATTACHARYA, MEMBER
Today is fixed for passing necessary order in respect of Revision Petition being No. RP/27/2022.
The instant revision petition under section 47(b) of CP Act 2019 has been directed by OP No. 1 , OP No. 3 and OP No. 4 of original Complaint Case being No. 116/2021 against order no. 4 dated 15.12.2021 passed by Ld. DCDR Commission, South 24 Parganas. The order no. 4 dated 15.12.2021 is as follows :
" The Ld. Advocates for the complainant and the OP Nos. 2,5,6 and 7 are present. The O.P. Nos. 2,5,6 and 7 file W.V. Let it be accepted. The O.P. Nos. 1,3 and 4 had not appeared in spite of service of notice. No W.V. is filed on behalf of the O.P. Nos. 1,3 and 4. Let the case do ex-parte against the O.P. Nos. 1,3 and 4.
To 21.01.2022 for filing evidence on affidavit by the complainant."
Being aggrieved by the said order the OPs No. 1,3 & 4 filed this revision petition praying for set aside the order dated 15.12.2021 passed by Ld. DCDR Commission, South 24 Parganas and for giving an opportunity to the petitioners to file written version and to contest the Complaint Case alongwith an order for interim stay of the entire proceedings of CC/116/2021 pending before the concerned District Commission.
Ld. Advocate for the revisionists has submitted before us that they were absent on that day and therefore prays for an opportunity to file the written version before the concerned Ld. District Commission. Ld. Advocate has also cited the judgement passed by Hon'ble Apex Court in Writ petition No. 3 of 2020.
Upon submission of the Ld. Advocate for the revisionist and on perusal of the order no. 4 dated 15.12.2021 passed by Ld. DCDR Commission, South 24 Parganas we find that there is no illegality in the order passed by the concerned Ld. District Commission. Since none appeared on behalf of OPs No. 1,3 & 4, the District Commission has rightly passed the exparte order against them.
However, for the ends of justice and for the finality of litigation we are in the view that consumer complaint should be decided on merit. In this connection, we can take the view of the case passed by Hon'ble National Commission in Pranab Kumar Bhattacharyya vs DLF Home Rajapura Pvt. Ltd. & Ors. reported in 2018 (3) CPR 832 (NC) where Hon'ble National Commission held that " If some of the OPs have already filed written statements the State Commission will accept the same on suitable terms including award of cost to the complainant". In Dr. Sanjay Kantilal Sah vs Narayana Multi Speciality Hospital & Anr. (in connection with First Appeal No. 1223 of 2018 ) Hon'ble National Commission held that " In my view, for the holistic and comprehensive adjudication of the complaint on merit it is just and appropriate to allow the written version of the OP No. 2 subject to just and reasonable terms/cost." It is made clear in the light of the Order of the Hon'ble Supreme Court in Reliance General Insurance Company Ltd. & Another vs M/s Mampee Timbers and Hardware Pvt. Ltd. and Another (supra), that the State Commission would be free to accept the written statement filed by the OPs with delay on suitable terms including cost.
In view of the above judgement, we are in the view that OP No. 1,3 & 4 should get one opportunity to file the written version before the Ld. District Commission upon payment of cost payable to complainant and also upon payment of cost in District Consumer Welfare Fund. However, a caution is given to OPs 1,3 & 4 that they should be more careful for conducting their case further.
Therefore, OPs 1,3 & 4 are allowed to file their written version before the Ld. District Commission.
Accordinlgy order 4 dated 15.12.2021 passed by Ld. DCDR Commission, South 24 Parganas is hereby set aside.
The revisionists/OPs 1, 3 & 4 are directed to appear before the Ld. DCDR Commission, South 24 Parganas on 25.04.2022 for filing their written version subject to payment of cost of Rs. 2000/- out of which Rs. 1000/- to be paid to the complainant i.e. Respondent No.1 of the instant revision petition and Rs. 1000/- to be paid to the District Consumer Welfare Fund. The revisionists are directed to serve the copy of this order to all the parties at once.
Fix 25.04.2022 for appearance of the parties before the concerned Ld. District Commission. OP 1,3 & 4 are directed to pay the cost of Rs. 2000/- as aforesaid as CP and for filing written version by them as a special chance.
Ld. District Commission is requested to accept the written version of OPs No. 1,3 & 4 subject to payment of cost as aforesaid and to proceed with the case as per provisions prescribed in the Act.
It is expected that the Ld. DCDRC concerned shall dispose of the case as soon as possible without granting any unnecessary adjournments to either side.
Thus the RP being No. RP/27/2022 is allowed and disposed of with above observations [HON'BLE MRS. SAMIKSHA BHATTACHARYA] PRESIDING MEMBER [HON'BLE MR. SHYAMAL KUMAR GHOSH] MEMBER