IMPORTANT POINT
When the revision petition is misconceived and devoid of any merit, the same is liable to be dismissed.

This dispute pertains to 2003, we are in 2018.

1. The complaint was allowed by the District Forum on 26.05.2010. The complainants’ appeal was dismissed by the State Commission on 16.05.2011. This revision has been filed by the complainants against concurrent findings of the District Forum and the State Commission.

2. On 02.05.2018 the learned counsel for the respondents no.1 to 4 (opposite parties no. 1 to 4) stated that settlement talks were going on and, hence, some more time may be given. The matter was listed for 20.07.2018. On 20.07.2018 it was noted that a settlement has not been arrived at. The learned counsel for the revisionists (complainants) wanted to refer this matter to mediation. He was directed to file formal application with advance copy to the other side, to be considered on the next date of hearing. The matter was listed for 20.09.2018.

3. Learned counsel for the revisionists filed an application for referring the matter to Mediation Centre attached with Hon’ble Calcutta High Court Mediation Cell, wherein the following was inter alia stated:

3. It is stated that in Bijoy Sinha Roy (Deceased) by LR vs. Biswanath Das in Civil Appeal No. 4761 of 2009 the Hon’ble Supreme Court has observed that it is necessary to refer another important aspect relating to administration of justice by the Consumer Fora. A person coming to a consumer Court with a grievance of deficiency in serve needs immediate relief. The very object of setting up Consumer Fora was to provide speedy remedy to a consumer. The Consumer Protection Act, 1986 (The Act) was brought about in the background of worldwide movement for consumer protection. The framework of the Act is based on Resolution dated 9th April 1985 of the General Assembly of the United Nation to which India was a signatory. The act provided for protection of interest of consumers in the form of quick and speedy redressal of grievances. The provisions of the Act thus in addition to and not in derogation of any other law. The Act provides for additional remedies and the award of damages is aimed at bringing about qualitative change in the attitude of service provider. Thus the Hon’ble Supreme Court observed that there is a need to avail of ADR mechanism which is now regarded as per access to justice. In this regard another judgment of the Hon’ble Supreme Court Sussain … vs. State of UP reported in 2017(5) SCC 702 was relied upon.

4. By Act 46 of 1999, Section 89 has been added to CPC linked down mechanism for settlement of disputes outside the Court. Hon’ble Supreme Court specifically held that even though the said provision is applicable only to the civil courts, there is no reason to exclude its applicability in Consumer Fora having regard to object of the consumer protection law and thus is the case of Vijay Kumar Sinha (Supra), the Hon’ble Court held that the provision relating to alternate dispute resolution ought to be duly invoked by the Forum.

5. In the instance case the dispute within the parties are almost now 17 years old. Looking at the nature of dispute to held with the parties be referred to mediation under the guidance of a proper mediation centre for a trained mediator. As such petitioner submitted that the instant case may be referred to mediation centre attached with the Hon’ble Calcutta High Court Mediation Cell.

6. That the petitioner seeking to the matter be referred to the mediation cell in Calcutta because of both the parties are in Calcutta and they are going old in their age.

(paras no. 3, 4, 5, 6 of the application)

4. On 20.09.2018 we heard learned counsel for the petitioner on the application, and perused the material on record. Learned proxy counsel for respondents no.1 to 4 was present. (The case was proceeding ex parte against respondents no. 5 and 6.)

5. We may first note that voluntary amicable settlement is an integral part of consumer justice under the Consumer Protection Act, 1986. Mediation could be one mechanism for arriving at voluntary amicable