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MANOJIT MANDAL
Midnapore Developers LLP – Appellant
Versus
Rupali Mana Roy – Respondent
JUDGMENT
Manojit Mandal, President.—This revision petition under section 47(1)(b) of the Consumer Protection Act, 2019 is at the instance of the petitioners / opposite parties and is directed against the order No. 12 dated 10/05/2024 passed by the Learned District Consumer Disputes Redressal Commission, Paschim Medinipur ( in short, ‘the District Commission’) in connection with consumer case No. CC/57/2023.
2. The respondent Nos. 1 & 2 herein being the complainants filed a complaint case being No. CC/57/2023 before the Learned District Commission praying for the following reliefs :-
“i) A direction upon the Main Opposite Party and its men agents and partners to demarcate the 40 Sq. ft. Super Built-up Area of 2-Wheeler & By-Cycle Parking of Flat No. 402 and get their Sketch of Parking registered with ADSR Midnapore mentioning direction of hassle-free Ingress and egress.
ii) A direction upon the Main Opposite Party to vacate all such illegal 4-Wheeler Parking space so that the vacated space can be used for 2-Wheeler & By-cycle parking with hassle-free Ingress & egress by all the 32 Flat Owners.
iii) A direction upon the Main Opposite Party to provide/accommodate the 2nd stair c
Point of law : Statute cannot exercise power to issue a commission for local inspection in absence of said power as are vested in a civil court under Code of Civil Procedure being not specifically co....
The court ruled that execution proceedings under the Consumer Protection Act must follow statutory appeal routes, and revisional jurisdiction under Article 227 is not applicable.
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