MR. SHYAMAL KUMAR GHOSH, MEMBER
The instant Revision Petition being No. 107/2023 has been filed by the Revision Petitioner/Opposite Party challenging the order dated 03.05.2023 passed by the Ld. DCDRC, Rajarhat , New Town in connection with MA case being No. MA/91/2023 ( arising out of CC case being No. CC/623/2022) wherein the Ld. DCDRC has been pleased to hold that the instant CC case is well maintainable in law and the Ld. Trial Commission has an ample jurisdiction to try this case and accordingly the MA being No. MA/91/2023 filed by the Opposite Parties/owners has been dismissed on contest without any order as to costs.
Being aggrieved by and dissatisfied with such order the Revision Petitioner/Opposite Party has filed the instant revision petition praying for setting aside the order dated 03.05.2023 passed by the Ld. concerned DCDRC.
The record has been taken up for admission hearing.
Ld. Advocate appearing for the Revisionist / OP has argued that the instant petition of complaint being no. CC/623/2022 has been filed on the ground of dishonour of two cheques issued by the opposite parties which does not come well within the purview of the Consumer Protection Act, 2019 and accordingly the Ld. Advocate appearing for the Revisionist/ Opposite Party has prayed for dismissal of the instant petition of complaint filed by the complainant.
We have heard the Ld. Advocate appearing for the Revisionist on the point of admission at length and in full.
We have considered the submissions of the Ld. Advocate.
We have meticulously perused all materials available of the record.
The admission hearing has been concluded.
Having heard the Ld. Advocate it should be decided by this Commission as to whether the Ld. Trial Commission has an ample and appropriate jurisdiction to entertain the aforesaid consumer case under the purview of the Consumer Protection Act, 2019 or not. In this respect, we have carefully perused the prayer portion of the CC case wherefrom it appears to us that the complainant has prayed for a direction upon the OPs No. 1 & 2 for payment of Rs. 14,00,000/- as per Memorandum of Association dated 08.10.2021, direction upon the opposite parties to discontinue the unfair and restrictive trade practice, direction upon the opposite parties to pay litigation cost of Rs. 1,00,000/- to the complainant , compensation, cost , etc.
Upon careful perusal of the major information of the deed ( Development Power of Attorney after registration of Development Agreement) it appears to us that the market value has been assessed at Rs.31,15,463/- which is well within the pecuniary jurisdiction of the Ld. District Commission . So, it is not correct that the Ld. Trial Commission lacks the jurisdiction on the ground of dishonour of two cheques. Whether there is any gross negligence or not on the part of the opposite party that should be decided upon the evidence on both parties alongwith the documentary evidence. At this juncture, the Ld. Trial Commission is hereby directed to dispose of the matter in accordance with law without granting any unnecessary adjournments to either side.
In pursuant to the above observation, the Revision Petition being No. 107/2023 filed by the Revisionist /Opposite Party has no leg to stand upon.
There is no such error, mistake or any irregularity in passing the order impugned being no. 2 dated 03.05.2023 and as such we affirm the said order.
Accordingly, we are constrained to dismiss the instant Revision Petition on admission stage without any order as to costs.
The instant Revision Petition is thus disposed of as per above observation.
Note accordingly.
