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AJOY KUMAR MUKHERJEE
Ramesh Paul – Appellant
Versus
Manoj Kumar Singh – Respondent
| Table of Content |
|---|
| 1. petitioner's complaint regarding property sale. (Para 1 , 2 , 3 , 4) |
| 2. arguments on jurisdiction and consumer definition. (Para 5 , 6 , 8 , 9 , 11) |
| 3. court's reasoning on alternative remedies. (Para 12 , 13 , 14) |
| 4. order dismissing the petition. (Para 15) |
JUDGMENT :
AJOY KUMAR MUKHERJEE, J.
1. Order impugned dated 1st march 2019 passed by the Learned State Consumer Disputes Redressal Commission, West Bengal in First Appeal No. A/745/2017 (arising out of order dated 28.04.2017 passed by the Learned the District Forum at Howrah in CC/356/2016) has been assailed by way of filing present application under article 227 of the constitution of the India.
2. Petitioner herein contended that petitioner filed a complain case before the District Forum contending that the opposite parties are the owner of land more or less 3 Katha 15 square feet comprised holding no. 37/1 and 37, I.R. Belilious Lane, Howrah, wherein they have constructed and developed one G+3 building over the said property and offered to sell one shop room measuring about 150 square feet area together with undivided proportionate share of land, including all sorts of common facilities on the ground floor and the
The High Court's jurisdiction under Article 227 is limited and should only intervene in cases of clear jurisdictional errors.
The enforcement of orders under the Consumer Protection Act can proceed from a District Forum regardless of modifications made by the National Commission, ensuring continuity and procedural integrity....
The main legal point established in the judgment is the jurisdiction of the State Commission under the Consumer Protection Act and the power of the High Court under Article 227 of the Constitution of....
Point of Law : President or the senior most member is entitled to conduct proceedings of the National Commission in accordance with the statutory prescription.
The main legal point established in the judgment is the obligation to restore possession to the petitioner following the reversal of the parent award and subsequent police help order.
(1) Against order passed by National Commission in an appeal under Section 58 (1)(a)(iii) of Consumer Protection Act, 2019, writ petition before concerned High Court under Article 227 of Constitution....
No revision petition against the order passed in appeal filed under section 27-A of Act is maintainable before national commission.
Revisional jurisdiction - Where two interpretations of evidence are possible, concurrent findings based on evidence have to be accepted and such findings cannot be substituted in revisional jurisdict....
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