Back
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.
(1) CPC – It is pertinent to note that, S.13(4) of the old Act as well as S.38(9) of the new Act does not have any mention as to the applicability of S.9A of the C.P.Code to the proceedings before th....
An unregistered agreement does not invalidate a consumer complaint; service of notice is deemed valid under the applicable law, and the appropriate legal remedy is an appeal, not a revision.
(1) Assess and re-appreciate the evidence - Commission in exercise of its revisional jurisdiction under section 21 of the Act is not required to re-assess and re-appreciate the evidence on record and....
The jurisdiction of the District Consumer Redressal Commission is determined by the value of goods or services with respect to specific deficiencies claimed, not by the total transaction value.
The State Consumer Commission exceeded its jurisdiction by ordering re-conveyance, conflicting with ongoing civil litigation and statutory limitations on review powers.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
