WEST BENGAL STATE CONSUMER DISPUTES REDRESSAL COMMISSION, KOLKATA
Manojit Mandal, President
Midnapore Developers LLP – Appellant
versus
Rupali Mana Roy and Ors. – Respondents
Revision Petition No.105 of 2024
(Arisen out of Order Dated in Case No. Complaint Case No. CC/57/2023 of District Paschim Midnapore)
Decided on 20.11.2024
Consumer Protection Act, 2019 – Sections 47(1)(b), 38(9) – Commission for local inspection – Powers of Commission – Direction to demarcation of property by OPs, its agents & partners, vacate illegal parking 4-wheeler space, compensate complainants to tune of Rs.20 lacs – Commission have all powers as vested in Civil Court under CPC, 1908 while trying a suit in respect of said matters & all powers of CPC are not applicable – Act provides for summary disposal of complaints within the time frame mentioned therein – All complaints where sample alleged defective goods is not sent to appropriate laboratory are to be decided within 3 months whereas complaints in which sample of defective goods are so sent to appropriate laboratory are to be decided within 5 months – If Commission is to resort to appointment of commissioner of local inspection, it will certainly result in delay of disposal of complaints – Such a power of civil court is not conferred upon Commission by legislation – Commission can order for appointment of expert for local inspection where noting down of physical features by competent person is essential for proper adjudication of dispute & also in interest of justice – But this is not the case here – Complainants wants to collect evidence through agency of commissioner which is not permissible in law – Facts which they want to prove by appointing commissioner can be proved otherwise also – Report submitted by commissioner appointed by court of law is not binding & open to challenge – Complainants can file evidence by way of affidavit which shall be considered by Forum n accordance with law – Order of Forum is in conflict with law & set aside. (Paras 9 to 12, 14 to 16)
Result: Revision Application allowed.
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 case and lobby as mentioned in Approved Building Plan so that the complainants may use the same in accordance with the agreement executed between the parties to the proceeding.
iv) A direction upon the Main Opposite Party and its men agents and partners to compensate the Complainants to the tune of Rs.20 lakhs (Rupees Twenty Lakh Only) for not providing the essential and necessary arrangements and for not providing the parking space, for not providing the 2nd staircase with lobby, for not providing 7 Katha Land, for illegally selling the area of 2nd Staircase with lobby as super Built-up Area, for Low Capacity generator , for Low Capacity lift facility, for not providing Smoke Stop Lobby, Fire Lift, Fire Alarm Network, Static Water Storage Tank and pumproom along with Fire Service Inlets for Mobile Pump and water storage Tank, requisite Reservoir with water supply pipelines for Fire Fighting and to collect Fire Safety Certificate from West Bengal Fire & Emergency Services and at the same time for the harassment as well as mental pain and agony.
v) A direction does issue directing The Main Opposite Party and its men agents and partners to replace existing 45 KVA Soundless Generator with that of 100 KVA of a reputed brand; and to direct them to take necessary steps so that Main Electrical Control Panel is equipped with all necessary electrical equipments as per WBSEDCL guidelines and it is sealed by WBSEDCL. And also to direct the Main Opposite Party to provide Proper electrical earthling and Lightning Arresters in true sense.
vi) A direction does issue directing The Main Opposite Party and its men agents and partners to replace existing lift which can accommodate 3 persons at a time by that of one of a reputed brand which can actually accommodate 5 persons at a time.
vii) A direction does issue directing The Main Opposite Party and its men agents and partners to conduct proper Roof-treatment of Roof-top to avoid water-logging & seepage and to repaint common interiors and common exteriors with good quality paints and damp-proof materials.
viii) A direction does issue directing The Main Opposite Party and its men agents and partners to pay an amount of Rs.50,000/- (Rupees Fifty-thousand Only) to the complainants as Litigation Cost.
ix) A direction does issue directing The Main Opposite Party and its men agents and partners to provide Completion Certificate, Site Plan, Parking Layout Plan and Occupancy Certificate for registration of their apartment as per West Bengal Apartment Ownership Act 1972.
x) Pass such order or orders or further orders and directions as the learned District Commission may think fit and proper for the ends of justice and equity.”
3. After filing of the case notices were duly issued upon the petitioners/opposite partie
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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