SYNOPSIS AND LIST OF DATES
The Revisionists
herein prefer the present revision petition under Section 21 (b) of the
Consumer Protection Act’ 1986, against the impugned Order & Judgment dated 14-09-2023,
passed by the Hon’ble State Consumer Disputes Redressal Commission, West
Bengal, in A/426/2019, whereby the Hon’ble State Consumer Disputes Redressal
Commission, West Bengal, partly allowed the appeal, and set aside the impugned
judgment / final order dated 17-04-2019, in CC/25/2017, passed by the Hon’ble
District Consumer Disputes Redressal Forum, South 24 Parganas.
The
present Revision Petition is necessitated in view of the substantial question
of Law that the impugned order call for interference by this Hon’ble Commission
in the exercise of power under Section 21 (b) of the Consumer Protection Act’ 1986,
It is respectfully submitted that the Complaint filed by the Complainant/
Respondent herein was prima facie not maintainable before the Hon’ble District
Consumer Disputes Redressal Forum, South 24 Parganas, as the same was not a
Consumer Disputes and the sale of flat was sale simplicitor.
In
entirety of the contents of the complaint and the Contract made between the
parties did not disclose any ingredients of development as such the transaction
occurred between them are the sale Simplicitor, which does not come under the
ambit of the Consumer Protection Act, 1986, and thus the complainant have no
relief under the Consumer Protection Act, 1986.
LIST OF DATES
|
Sl. No. |
Date |
Particulars |
|
1 |
22-02-2017 |
Consumer Complaint filed before the Learned DCDRF South 24 Parganas,
being Consumer Complaint no. CC/25/2017. |
|
2 |
17-04-2019 |
Order & Judgment dated 17-04-2019, against the revisionist passed by
the Learned DCDRF, South 24 Parganas, in Consumer Complaint no. CC/25/2017. |
|
3 |
03-06-2019 |
The Revisionists preferred an appeal under Section 15 of the Consumer
Protection Act’ 1986, before the Hon’ble State Consumer Disputes Redressal
Commission, West Bengal, vide A/426/2019, challenging the impugned Order
& Judgment dated 17-04-2019, passed by the Learned DCDRF, South 24
Parganas, in CC/25/2017. |
|
4 |
14-09-2023 |
The Hon’ble State Commission West Bengal was pleased to Set aside the
impugned Order & Judgment dated 17-04-2019, passed by the Learned DCDRF,
South 24 Parganas, in CC/25/2017, vide Order dated 14/09/2023, in A/426/2019. |
|
7 |
10-10-2023 |
The Certified copy for such impugned Order & judgment applied as on 29-09-2023,
and the same has been obtained only on 10-10-2023. |
BEFORE THE HON’BLE NATIONAL
CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
REVISION PETITION NO. OF 2023
IN THE MATTER
OF :
SRI RAM CHANDRA SHAW …..REVISIONIST
VERSUS
SMT. RANU
GHOSH & OTHERS …..RESPONDENTS
MEMO OF PARTIES
SRI
RAM CHANDRA SHAW, Son of Sri Kapil Shaw, Prop. Sarda Construction, East Baidya
Para, P.O. & P.S. – Sonarpur, Kolkata – 700150, District – South 24
Parganas.
________Revisionists
VERSUS
1.
SMT.
RANU GHOSH, Wife of Sri Pradip Kumar Ghosh, Village – Noapara (Baishali), P.O.
& P.S. – Sonarpur, Kolkata – 700150, District – South 24 Parganas.
2.
SMT. BAISHALI GHOSH, Wife of Sri Tapan Ghosh, Sarda
Complex, Rajpur, POlice Station – Sonarpur, Kolkata – 700149, District –
South 24 Parganas.
3.
SMT. PIYALI MUKHERJEE (BASU), Wife of Sri
Abhijit Basu, East Baidya Para, P.O. & P.S. – Sonarpur, Kolkata – 700150, District
– South 24 Parganas.
_________Respondents
BEFORE THE HON’BLE NATIONAL
CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
REVISION PETITION NO. OF 2023
IN THE MATTER
OF :
SRI RAM CHANDRA SHAW …..REVISIONIST
VERSUS
SMT. RANU
GHOSH, & OTHERS …..RESPONDENTS
APPEAL UNDER
SECTION 21 (b) OF THE CONSUMER PROTECTION ACT 1986 AGAINST THE ORDER DATED 14-09-2023
PASSED BY THE HON’BLE STATE CONSUMER DISPUTES REDRESSAL COMMISSION, WEST BENGAL
IN FIRST APPEAL No. A/426/2019.
MOST
RESPECTFULLY SHEWETH AS UNDER :
1.
That the present revision petition
under Section 21 (b) of the Consumer Protection Act’ 1986, is preferred by the Revisionist
herein against the impugned Judgment and Order dated 14th day of
September’ 2023, passed in First Appeal no. A/426/2019, by the Hon’ble State
Consumer Disputes Redressal Commission, West Bengal, whereby the said appeal
has been partly allowed and impugned judgment / final order set aside thereby
and modified with some directions to refund the money with interest.
2.
The present Revision
Petition is necessitated in view of the substantial question of Law that the
impugned order call for interference by this Hon’ble Commission in the exercise
of power under Section 21 (b) of the Consumer Protection Act’ 1986, It is
respectfully submitted that the Complaint filed by the Complainant/ Respondent
herein was prima facie not maintainable before the Hon’ble District Consumer
Disputes Redressal Forum, South 24 Parganas, as the same was not a Consumer
Disputes and the contract is in nature of Sale Simplicitor.
3.
In entirety of the
contents of the complaint and the Contract made between the parties did not
disclose any ingredients of development as such the transaction occurred
between them are the sale Simplicitor, which does not come under the ambit of
the Consumer Protection Act, 1986, and thus the complainant have no relief
under the Consumer Protection Act, 1986.
4.
Pertinently submits that
there is a Contract which has been made between the Revisionist and the
Respondent no.1, herein for Sale of Flat by dint of Sale Agreement dated
06-01-2012, the said Sale Agreement in its purports established the contents of
Sale Simplicitor as the same has not been contained the ingredients of any
development, so far.
5.
The Revisionist agreed to
refund the money taken by him from the Respondent no.1, herein does not raise
any cause or accrual of any cause to constitute such disputes if any as a
Consumer Dispute meant for in the Consumer Protection Act, 1986.
6.
The money taken and agreed
to refund the money by the revisionist does not constitute any right favouring
the respondent no.1, to be termed as a consumer meant for in the Consumer
Protection Act, 1986.
7.
The essential ingredients
to constitute the dispute if any as a Consumer Dispute is totally absent in the
contents and purports of the Agreement dated 06-01-2012, entered by and between
the parties, therein. Even though the contract is binding on the parties, every
dispute, therefrom cannot be termed as a Consumer Disputes meant for in the
Consumer Protection Act, 1986.
8.
That aggrieved by the order dated 14-09-2023
of the Hon’ble State Commission in A/426/2019, the Revisionist is filing this Revision
Petition on the following grounds :
GROUNDS
A.
BECAUSE the Hon’ble State Consumer
Disputes Redressal Commission has erred on the facts, law and records of the
present case in passing the impugned order;
B.
BECAUSE the impugned order / judgment
passed by the Hon’ble State Consumer Disputes Redressal Commission are bad,
improper and entirely against the settled provisions and principles of law;
C.
BECAUSE the impugned order / judgment
passed by the Hon’ble State Consumer Disputes Redressal Commission are entirely
against the material on record and principles of natural justice;
D. BECAUSE
that the Hon’ble State Consumer Disputes Redressal Commission, West Bengal,
erred in passing the impugned order in haste and proceeding with the matter
without affording any opportunity to the revisionist herein to present its case
as accordance with law, whereby the same is nothing but mere denial of the
principle of natural justice to the revisionists herein;
E.
BECAUSE The
present Revision Petition is necessitated in view of the substantial question
of Law that the impugned order call for interference by this Hon’ble Commission
in the exercise of power under Section 21 (b) of the Consumer Protection Act’ 1986,
It is respectfully submitted that the Complaint filed by the Complainant/
Respondent herein was prima facie not maintainable before the Hon’ble District
Consumer Disputes Redressal Forum, South 24 Parganas, as the same was not a
Consumer Disputes and the sale of flat was sale simplicitor;
F.
BECAUSE in entirety of the
contents of the complaint and the Contract made between the parties did not
disclose any ingredients of development as such the transaction occurred
between them are the sale Simplicitor, which does not come under the ambit of
the Consumer Protection Act, 1986, and thus the complainant have no relief
under the Consumer Protection Act, 1986;
G. BECAUSE there is a Contract which has been made between the
Revisionist and the Respondent no.1, herein for Sale of Flat by dint of Sale
Agreement dated 06-01-2012, the said Sale Agreement in its purports established
the contents of Sale Simplicitor as the same has not been contained the ingredients
of any development, so far;
H. BECAUSE Revisionist agreed to refund the money taken by him from
the Respondent no.1, herein does not raise any cause or accrual of any cause to
constitute such disputes if any as a Consumer Dispute meant for in the Consumer
Protection Act, 1986;
I.
BECAUSE the money taken
and agreed to refund the money by the revisionist does not constitute any right
favouring the respondent no.1, to be termed as a consumer meant for in the
Consumer Protection Act, 1986;
J.
BECAUSE The essential
ingredients to constitute the dispute if any as a Consumer Dispute is totally
absent in the contents and purports of the Agreement dated 06-01-2012, entered
by and between the parties, therein. Even though the contract is binding on the
parties, every dispute, therefrom cannot be termed as a Consumer Disputes meant
for in the Consumer Protection Act, 1986;
K.
BECAUSE the respondent no.1, is not entitle
to get relief/s, under the Consumer Protection Act’ 1986;
PRAYER
In the premises, it is most respectfully prayed
that this Hon’ble National Consumer Disputes Redressal Commission, New Delhi,
may graciously be pleased to :
a)
Allow the present Revision Petition;
and / or;
b)
Set aside the impugned order &
judgment dated 14-09-2023, passed by the Hon’ble State Consumer Disputes
Redressal Commission, West Bengal, in First Appeal No. A/426/2019, and / or
dismissing the Consumer Complaint being CC/25/2017, decided on 17-04-2019, by
the DCDRF, South 24 Parganas, and/ or holding that no consumer complaint lies
on Sale Simplicitor;
c)
Pass such other and further order or
orders as this Hon’ble Commission may deem fit and proper in the facts and
circumstances of the case.
REVISIONIST
THROUGH
ASHOK KUMAR SINGH, RAJESH K. PANDIT, BIPLAB SOME, PRITAM
DAS,
Advocates for the Revisionist
High Court Bar Association Room No. 15, High Court
at Calcutta, Kolkata – 700 001. Mobile Number : 9883070666 / 9836829666, E-mail
: aksinghadvocate@rediffmail.com
Dated :
Place : Kolkata
BEFORE THE HON’BLE NATIONAL
CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
REVISION PETITION NO. OF 2023
IN THE MATTER
OF :
SRI RAM CHANDRA SHAW …..REVISIONIST
VERSUS
SMT. RANU
GHOSH & OTHERS
…..RESPONDENTS
AFFIDAVIT
I, Sri Ram
Chandra Shaw, Son of Late Kapil Shaw, aged about _____years, by faith Hindu, by
Occupation Business, Proprietor of Sarda Construction, having Office and
Residence at East Baidya Para, Post Office & Police Station – Sonarpur,
Kolkata – 700150, District – South 24 Parganas, do hereby solemnly affirm and
states as follows :
1. That I am revisionist
in the aforesaid case and as such fully acquainted with the facts and
circumstances of the case and I am fully competent to swear this affidavit.
2. That the
accompanying revision petition has been drafted by my counsel under my
instructions. The contents of the same have been read to me in vernacular and I
have understood the same. The contents of the same are true and correct to the
best of my knowledge. The contents of the same may be read as part and parcel
of this affidavit as the same are not being repeated herein for the sake of
brevity.
3. I say that
the Annexure being marked as “A” along with the revision petition are true
copies of their respective Original.
4. I say that
the averments of facts stated herein above are true to my knowledge and no part
of it is false and nothing material has been concealed therein.
DEPONENT
VERIFICATION
Verified on
this the _______the day of _____________ 2023, at Kolkata, that the contents of
the above affidavit are true and correct to the best of my knowledge and belief
and no part of it is false and nothing material has been concealed there from.
DEPONENT
Identified by me,
Advocate
Prepared in my
Chamber
Advocate
Date :
_______________2023.
Place : Kolkata
BEFORE THE HON’BLE NATIONAL
CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
REVISION PETITION NO. OF 2023
IN THE MATTER
OF :
SRI RAM CHANDRA SHAW …..REVISIONIST
VERSUS
SMT. RANU
GHOSH & OTHERS
…..RESPONDENTS
C E R T I F I C A T E
Certified that
I have filed Certified / attested true copies of :
(i) the Order
passed by the State Commission;
(ii) all
pleadings in the complaint and the evidence filed by the parties, oral and
documentary.
REVISIONIST
THROUGH
ASHOK KUMAR SINGH, RAJESH K. PANDIT, BIPLAB SOME, PRITAM
DAS,
Advocates for the Revisionist
High Court Bar Association Room No. 15, High Court
at Calcutta, Kolkata – 700 001. Mobile Number : 9883070666 / 9836829666, E-mail
: aksinghadvocate@rediffmail.com
Dated :
Place : Kolkata
BEFORE THE HON’BLE NATIONAL
CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
REVISION PETITION NO. OF 2023
IN THE MATTER
OF :
SRI RAM CHANDRA SHAW …..REVISIONIST
VERSUS
SMT. RANU
GHOSH & OTHERS
…..RESPONDENTS
APPLICATION
BEING FILED ON BEHALF OF THE REVISIONIST SEEKING STAY ON THE IMPUGNED ORDER
DATED 14-09-2023.
MOST
RESPECTFULLY SHEWETH AS UNDER :
1.
That the present Revision Petition is
being preferred by the Revisionist herein against the impugned Judgment dated 14-09-2023,
passed by the Hon’ble State Consumer Disputes Redressal Commission, West
Bengal, in First Appeal No. A/426/2019, whereby the First Appeal allowed, and
the Judgment / final order set aside.
2.
That the facts leading to
the filling of the present applications are set out in details in the accompanying
Revision and the same are not being repeated herein for the sake of brevity.
The Revisionists shall refer to and rely upon the same for the purpose of
instant application.
3.
That it is submitted that
the Revisionists has a prima facie good case on merits in their favour and the
appellants are hopeful of succeeding in it.
4.
That the impugned order
dated 14-09-2023, passed by the Hon’ble State Consumer Disputes Redressal
Commission, West Bentgal, in A/426/2019, may be stayed till the disposal of the
present revision petition in the interest of justice otherwise the Revisionists
will be seriously prejudiced and suffer with irreparable loss and injury,
thereof.
5.
That the balance of
convenience also lies in favour of the revisionists herein.
PRAYER
In
the premises, it is most respectfully prayed that this Hon’ble National
Consumer Disputes Redressal Commission, New Delhi, may graciously be pleased to
pass the following order / orders :
a)
grant stay of the order dated 14-09-2023, passed by the Hon’ble State Consumer
Disputes Redressal Commission, West Bengal, in A/426/2019;
b)
grant ad-interim order(s) in term of prayer (a) above; and
c)
pass such other and further order or orders as the Hon’ble Commission may deem
fit and proper in the facts and circumstances of the case.
REVISIONIST
THROUGH
ASHOK KUMAR SINGH, RAJESH K. PANDIT, BIPLAB SOME, PRITAM
DAS,
Advocates for the Revisionist
High Court Bar Association Room No. 15, High Court
at Calcutta, Kolkata – 700 001. Mobile Number : 9883070666 / 9836829666, E-mail
: aksinghadvocate@rediffmail.com
Dated :
Place : Kolkata
BEFORE THE HON’BLE NATIONAL
CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
REVISION PETITION NO. OF 2023
IN THE MATTER
OF :
SRI RAM CHANDRA SHAW …..REVISIONIST
VERSUS
SMT. RANU
GHOSH & OTHERS
…..RESPONDENTS
AFFIDAVIT
I, Sri Ram
Chandra Shaw, Son of Late Kapil Shaw, aged about _____years, by faith Hindu, by
Occupation Business, Proprietor of Sarda Construction, having Office and
Residence at East Baidya Para, Post Office & Police Station – Sonarpur,
Kolkata – 700150, District – South 24 Parganas, do hereby solemnly affirm and
states as follows :
1. That I am revisionist
in the aforesaid case and as such fully acquainted with the facts and
circumstances of the case and I am fully competent to swear this affidavit.
2. That the
accompanying revision petition has been drafted by my counsel under my
instructions. The contents of the same have been read to me in vernacular and I
have understood the same. The contents of the same are true and correct to the
best of my knowledge. The contents of the same may be read as part and parcel
of this affidavit as the same are not being repeated herein for the sake of
brevity.
3. I say that
the Annexure being marked as “A” along with the revision petition are true
copies of their respective Original.
4. I say that
the averments of facts stated herein above are true to my knowledge and no part
of it is false and nothing material has been concealed therein.
DEPONENT
VERIFICATION
Verified on
this the _______the day of _____________ 2023, at Kolkata, that the contents of
the above affidavit are true and correct to the best of my knowledge and belief
and no part of it is false and nothing material has been concealed there from.
DEPONENT
Identified by me,
Advocate
Prepared in my
Chamber
Advocate
Date : _______________2023.
Place : Kolkata
BEFORE THE HON’BLE NATIONAL
CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
REVISION PETITION NO. OF 2023
IN THE MATTER
OF :
SRI RAM CHANDRA SHAW …..REVISIONIST
VERSUS
SMT. RANU GHOSH
& OTHERS
…..RESPONDENTS
APPLICATION FOR
EXEMPTION FROM FILLING THE FAIR TYPED COPIES OF THE DOCUMENTS PLACED AS
ANNEXURES
MOST
RESPECTFULLY SHEWETH AS UNDER :
1. That the
present Revision Petition is being preferred by the Revisionist herein against
the impugned Order dated 14-09-2023, passed by the Hon’ble State Consumer
Disputes Redressal Commission, West Bengal, in First Appeal being no. A/426/2019,
whereby the appeal has been partly allowed and the Judgment / final order set
aside.
2.
That the facts leading to the filling of the present applications are set out
in details in the accompanying Revision Petition and the same are not being
repeated herein for the sake of brevity. The Revisionist shall refer to and
rely upon the same for the purpose of instant application.
3.
That it is submitted that the Revisionist have a prima facie good case on
merits in its favour and the Revisionist is hopeful of succeeding in it.
4.
That the Revisionist is Seeking exemption from filling fair typed copies of
certain documents placed as annexures of the Learned State Commission, West
Bengal, at this stage due to urgency to filling the present revision petition
and the Revisionist respectfully prays that the same be taken on record and the
Revisionist shall be proceeded with. That the revisionist herein has prayed
before the Hon’ble Commission to call for the records of the Learned State
Commission, West Bengal.
5.
That the revisionist may kindly be exempted from filling the same in the
interest of justice otherwise the revisionist will be seriously prejudiced.
6.
That the balance of convenience also lies in favour of the revisionist herein.
PRAYER
In
the premises, it is most respectfully prayed that this Hon’ble National
Consumer Disputes Redressal Commission, New Delhi, may graciously be pleased to
pass the following order / orders :
a)
exempt the Revisionist from filing the fair typed copies of certain documents
of the case; and / or
b)
pass such other and further order or orders as the Hon’ble Commission may deem
fit and proper in the facts and circumstances of the case.
REVISIONIST
THROUGH
ASHOK KUMAR SINGH, RAJESH K. PANDIT, BIPLAB SOME, PRITAM
DAS,
Advocates for the Revisionist
High Court Bar Association Room No. 15, High Court
at Calcutta, Kolkata – 700 001. Mobile Number : 9883070666 / 9836829666, E-mail
: aksinghadvocate@rediffmail.com
Dated :
Place : Kolkata
BEFORE THE HON’BLE NATIONAL
CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
REVISION PETITION NO. OF 2023
IN THE MATTER
OF :
SRI RAM CHANDRA SHAW …..REVISIONIST
VERSUS
SMT. RANU
GHOSH & OTHERS
…..RESPONDENTS
AFFIDAVIT
I, Sri Ram
Chandra Shaw, Son of Late Kapil Shaw, aged about _____years, by faith Hindu, by
Occupation Business, Proprietor of Sarda Construction, having Office and
Residence at East Baidya Para, Post Office & Police Station – Sonarpur,
Kolkata – 700150, District – South 24 Parganas, do hereby solemnly affirm and
states as follows :
1. That I am revisionist
in the aforesaid case and as such fully acquainted with the facts and
circumstances of the case and I am fully competent to swear this affidavit.
2. That the
accompanying revision petition has been drafted by my counsel under my
instructions. The contents of the same have been read to me in vernacular and I
have understood the same. The contents of the same are true and correct to the
best of my knowledge. The contents of the same may be read as part and parcel
of this affidavit as the same are not being repeated herein for the sake of
brevity.
3. I say that
the Annexure being marked as “A” along with the revision petition are true
copies of their respective Original.
4. I say that
the averments of facts stated herein above are true to my knowledge and no part
of it is false and nothing material has been concealed therein.
DEPONENT
VERIFICATION
Verified on
this the _______the day of _____________ 2023, at Kolkata, that the contents of
the above affidavit are true and correct to the best of my knowledge and belief
and no part of it is false and nothing material has been concealed there from.
DEPONENT
Identified by me,
Advocate
Prepared in my
Chamber
Advocate
Date :
_______________2023.
Place : Kolkata
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