State Consumer Disputes Redressal Commission
Rekha Maity & Another vs Cesc Ltd. on 7 August, 2009
State Consumer Disputes Redressal Commission State Consumer Disputes Redressal Commission West Bengal BHABANI BHAVAN (GROUND FLOOR) 31, BELVEDERE ROAD, ALIPORE KOLKATA 700 027 S.C. CASE NO. : TA/09/2 DATE OF FILING : 19.05.2009 DATE OF FINAL ORDER: 07.08.2009 TRANSFER APPICANT 1. Rekha Maity 2. Rupa Maity Both are daughters of Late A.K.Maity 17, R.N.Paul Road Kolkata-700 023. OPPOSITE PARTIES 1. CESC Ltd. C-1 Chief General Manager Victoria House, Kolkata. 2. District Engineer P-18, Taratala Road Kolkata-700 081. 3. Commercial Executive P-18, Kolkata-700 081. BEFORE : MEMBER : MR. P.K.CHATTOPADHYAY MEMBER : MR. S.COARI FOR THE PETITIONER: In person. FOR THE OPPOSITE PARTIES : Mr. D.B.Choudhuri, Ld. Advocate : O R D E R :
MR. S.COARI, LD. MEMBER The record is placed today for passing necessary orders in respect of the Transfer Application No. TA/09/2, which has been preferred by the petitioners U/S 17A of the Consumer Protection Act for transferring the proceeding pending before the Ld. Consumer Disputes Redressal Forum, Kolkata Unit-I to any other Forum as the Commission may deem fit and proper.
The main contention of the application, in brief, is that on 3.12.08 a date was fixed for final hearing of the case. On that date the complainants were not able to be present before the Ld. District Forum due to which they were show-caused and finally the show-cause was filed on 9.2.09 whereupon 28.4.09 was fixed for final hearing of the case. On that date the Ops did not appear before the Ld. District Forum in time, but the matter was suo motu adjourned by the Ld. Forum to 7.5.09. It is also mentioned in the Transfer Application that from day to day business of the Ld. District Forum the Petitioners have noticed that the Ld. Forum was partial to the Ops while the Forum was unnecessarily harsh and unsympathetic to the petitioners for no reason whatsoever. On this ground the present application has been filed for transfer of the case pending before the Ld. District Forum to any other Forum.
The application is being contested by the Ops by filing written objection thereby denying all the material averments of the application contending inter alia that the Transfer Application does not depict the actual state of affairs. The Ld. District Forum was patient enough to bear with the applicants and at no point of time the Ld. District Forum showed any partiality to the Ops. From the conduct of the Transfer Applicants it has become quite clear that the Applicants are not interested to pursue the case properly and have adopted dilatory tactics. The case before the Ld. District Forum is at its fag end and pending for final hearing when the present application has been preferred without any justifiable cause and with the sole motive to cause further delay in disposal of the case. Hence, the application has got no merit and should be rejected.
At the time of hearing it is submitted on behalf of the Transfer Applicants that the nature of the orders passed against them by the Ld. District Forum make it crystal clear that they would not get proper justice from the Ld. District Forum and under such circumstances, it would be just and proper if the case pending before the Ld. District Forum be transferred to any other Forum so that the petitioners do get proper justice. According to the Ld. Advocate for the Transfer Applicants, for no justifiable reason the Ld. District Forum has show-caused the petitioners thereby humiliating their status, one of whom is a conducting advocate, and it is also clear that on similar instances the Ld. District Forum let off the Ops with a lenient view.
We have duly considered the submissions so put forward on behalf of the Transfer Applicants and have gone through the materials on record including the impunged orders and we find that the case pending before the Ld. District Forum is at its concluding stage, i.e. fixed for final hearing of the case. We have carefully gone through the relevant orders passed by the Ld. District Forum and find that those orders are of stereotype in nature from which nothing improper has been revealed. Simply because the Ld. District Forum has show-caused the petitioners it does not tantamount that the Ld. Forum is partial to the other side. We have duly considered the submissions put forward on behalf of the Transfer Applicants in this regard and are unable to accept the proposition so put forward on behalf of the Transfer Applicants.
Accordingly, we are of considered opinion that there appears no merit in the present Transfer Application and the same is liable to be rejected. However, keeping in mind that Consumer Protection Act is a benevolent legislation, we expect that Consumer Courts are to consider the case of the complainants/Consumers with a sympathetic approach so that the object of the Consumer Protection Act is fulfilled. In the result, the Transfer Application fails.
Hence, it is ORDERED that the Transfer Applicant stands dismissed on contest but without any order as to cost.
MEMBER MEMBER