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23.04.2025 Court No.6 BP C.O. 1350 of 2025 Peerless Hospitex Hospital and Research Centre Limited and Others -versus-

Monotosh Saha and Others Mr. Aniruddha Chatterjee, Sr. Advocate Mr. Rahul Karmakar Mr. Tapan Nag Chowdhury ..for the petitioners Mr. Rabin Majumder Ms. Mousumi Roy Mr. Joydeep Mukherjee ..for the opposite parties On the prayer of the learned senior advocate appearing for the petitioner, leave is granted to the learned advocate on record to correct the typographical error in the cause title of the civil revision application, here and now.

The certified copy of the judgement and order dated 5th June, 2024 passed by the President, State Consumer Disputes Redressal Commission, West Bengal in Revision Petition No. RP/152/2022 is taken on record. Let the certified copy of the said order be tagged along with the records of this case.

This application under Article 227 of the Constitution of India is at the instance of the opposite party nos. 1, 4 and 5 in the Complaint Petition being no. CC/387 of 2022 and is directed against the judgement and order dated September 19, 2024 passed by the learned National Consumer Disputes Redressal Commission in Revision Petition No. 1981 of 2024 affirming the judgement and order dated June 5, 2024 passed by the learned President of the State Consumer Disputes Redressal Commission in Revision Petition No.

152 of 2022.

The opposite party nos. 1 and 2 herein filed a Complaint Case being no. CC/387/2022 before the learned District Consumer Disputes Redressal Commission (for short “the District Commission”). The learned District Commission by an order dated November 10, 2022 accepted the written version filed by the petitioners herein.

Challenging the order dated November 10, 2022 the opposite party nos. 1 and 2 herein filed a Revision Petition being no. 152 of 2022 before the learned State Consumer Disputes Redressal Commission at Kolkata (for short “the State Commission”). The learned State Commission by an order dated June 5, 2024 allowed the revision petition thereby setting aside the order passed by the learned District Commission. Being aggrieved by the order dated June 5, 2024 passed by the learned State Commission, the petitioners herein preferred a revision petition before the Hon’ble National Consumer Disputes Redressal Commission, New Delhi (for short “the National Commission”) being Revision Petition No. 1981 of 2024. The National Commission by an order dated September 19, 2024 dismissed the revision petition thereby affirming the order passed by the learned State Commission. The petitioners herein preferred a Special Leave Petition before the Hon’ble Supreme Court being Special Leave to Appeal (C) Nos. 2962/ 2025 which was dismissed by an order dated 7th March, 2025. Thereafter the petitioners filed the instant application under Article 227 of the Constitution of India challenging the order dated September 19, 2024 passed by the Hon’ble National Commission.

Mr. Chatterjee, learned senior advocate appearing for the petitioners submits that pursuant to the liberty granted by the Hon’ble Supreme Court in the order dated 7th March, 2025, the petitioners herein have preferred the instant application under Article 227 of the Constitution of India. He submits that the learned District Commission by an order dated 21^st September, 2022 fixed 10^th November, 2022 for filing of the written version by the petitioners herein. He contends that the petitioners complied with the directions passed by the learned District Commission to file the written version and for such reason the learned State Commission erred in law by reversing the said order. He submits that the petitioners herein did not pray for extension of time to file the written version. He further submits that the petitioners herein raised such issue before the National Commission but the National Commission did not consider such contention of the petitioners.

Per contra, the learned advocate appearing for the opposite parties sub