JUDGMENT :

BISWAROOP CHOWDHURY, J.

1. This application is directed against order dated 28-07-2022 passed by the presiding Member West Bengal State Consumer Dispute Redressal Commission Kolkata in conection with interlocutory application No. IA/7/2019 arising out of complaint Case No. CC/557/2018.

2. The case of the petitioner who is the opposite party before the West Bengal State Consumer Dispute Redressal Commission Kolkata in Complaint Case No. CC/557/2018 may be summed up thus.

3. The opposite party no. 1 M/S Star Sea Food, filed a complaint before West Bengal State Consumer Dispute Redressal Commission Kolkata being complaint Case No. CC/557/2018 praying for the following reliefs:

(a) Return back to the petitioners all the documents lying in the custody of the opposite parties for the purpose of the aforesaid mortgage and the aforesaid loans.

(b) Cancel the mortgage if not already cancelled and to send the petitioners the necessary documents in that respect.

(c) Take all the necessary steps to execute a deed of conveyance in favour of the petitioner no. 1 in respect of the subject plots of land and the building thereon effecting the auction sale date 8.09.2008.

(d) Pay compensation for damages to the tune of Rs. 20,00,000/-to the petitioner no. 1.

(e) Pay compensation for damages to the tune of Rs. 30,00,000/-to the petitioner no. 2.

4. The petitioners contested the case by filing written objection and challenging the maintainability of the said case. The petitioner apart from submitting written objection also filed on application for dismissing the complaint case on the ground of maintainability. By order dated 20th January 2020, Learned Presiding Member of the State Consumer Disputes Redressal Commission while disallowing the interlocutory application filed by the petitioner observed as follows:

Heard the submission of both sides on the earlier occasion regarding the maintainability of the instant case. Considering the entire panorama, I am of the view at this nascent stage, the instant IA case cannot be allowed on the ground maintainability fix 29.04.2020 for filing evidence of the complainant.

5. The petitioner being aggrieved by the Order dated 29-04-2020 passed by Learned State Consumer Disputes Redressal Commission moved an application under Article 227 of the Constitution of India being CO. 791 of 2022. By order dated 12-04-2022 his Lordship the Hon’ble Justice Subhasis Dasgupta was pleased to dispose of the said application by observing and directing as follows:

Upon perusal of the impugned order it appears that the Learned Member West Bengal State Consumer Dispute Redressal Commission, Kolkata was not inclined to decide the maintainability petition in the absence of the evidence being adduced.

6. When there has been no rejection of the prayer for maintainability petition by any express words, the maintainability application may be heard out expeditiously as possible providing sufficient opportunity of hearing to either of the parties to this case, but without granting any unnecessary adjournment unless it is extremely unavoidable. This order is passed without going into the merits of the case.

7. The revisional application in thus disposed of with such observation.

8. Pursuant to the order passed in C.O. 791 of 2022 Learned West Bengal State Consumer Disputes Redressal Commission upon considering the issue of maintainability by order dated 28th July 2022 made the following observation.

9. On a meticulous perusal of the entire case record it has come to the surface that this case has been running in the evidence stage and the complainant has been directed to file their evidence on affidavit at this juncture it will not be prudent, proper and just to decide the question of maintainability without receiving evidence (both oral and documentary) from the end of the parties to the complaint case. The question of maintainability of the complaint case can only be adjudged in a proper way after closure of the evidence of the parties at th