1. Heard Mr. K. N. Bhattacharjee, the learned Sr. Counsel assisted by Mr. D. Sharma, the learned counsel appearing for the petitioner and Mr. A. K. Bhowmik, the learned Sr. Counsel assisted by Ms. M. Choudhary, the learned counsel appearing for the respondent.

2. The petitioner; against whom a proceeding under the provisions of the Consumer Protection Act, 1986 (in short, "the Act") had been initiated by the present respondent, has filed this petition under Art.227 of the Constitution of India in challenging the order dated 26-10-2009 passed by the learned State Consumer Disputes Redressal Commission (in short, "State Commission") in Appeal No. FA 17/2009 preferred by the present respondent challenging the order dated 21-5-2009 passed by the learned District Consumer Disputes Redressal Forum (in short, "District Forum") in case No. CC 33/2007. By the said order dated 26-10-2009, the appeal preferred by the present respondent has been allowed by setting aside the order dated 21-5-2009 passed by the learned District Forum in the aforesaid proceeding. The learned State Commission has granted the relief claimed by the present respondent by holding that the respondent is a consumer wit