Case: Kalyan Ganguly (Gangopadhyay) S/o Late Jagatjyoti Gangopadhyay Vs Sri Ganes Prasad Chakraborti S/o Late Jatindra Prasad Chakraborti and Smt. Anjali Chakraborti W/o Sri Ganes Prasas Chakraborti. West Bengal State Consumer Disputes Redressal Commission
| Judges | A.K. Ray, Silpi Majumder and Shankar Coari, Members |
| Issue | Consumer Laws |
| Judgement Date | January 29, 2010 |
| Court | West Bengal State Consumer Disputes Redressal Commission |
Order:
A.K. Ray, Member, (West Bengal)
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Revisional application against order no 13 dated 8.09.09 passed by the District Forum, Hooghly in case no 158 of 08 has been filed challenging inter alia that the impugned order should be set aside mainly on the grounds that all the financial transactions regarding sale of the subject flat was made in between the OPs herein and Sri Anitabh Singh proprietor of the 'Nath Construction'. The Forum also erred in not considering the fact that the Petitioner has got the permanent injunction order and decree in his favour from the Ld. Civil Judge (Junior division), second court, Serampur, Hooghly over 5 flats including flat No. 202. The Petitioner also cancelled and revoked the agreements with Mr. A. Singh, Proprietor of Nath Construction. This was not considered by the Forum below. The said flat being no 202 is in the khash- possession of the Petitioner herein by virtue of the aforesaid order of the Civil Court. The Forum below did not apply its mind in allowing the prayer of the OP Under Section 13(3b) of the C.P Act, 1986. After hearing the Ld. Advocate of the Petitioner at length and perusing the documents filed by the Complainant the Forum below passed the aforesaid exparte interim order restraining the OPs from taking illegal and unauthorized possession of the flat No. 202 in question. The OPs were also restrained from dis-possessing the Complainant and from transferring the subject flat in favour of any other person except the Complainant or from disturbing the peaceful possession of the Complainant until further orders. Incidentally, no copy of the aforesaid order of the Ld. Civil Court was filed before us.
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We have heard the Ld. Advocate for the revitionist & the Ld. Advocate for OP no-1. The Petitioner filed his brief notes of argument which mainly dwelt on the same lines as that of his Petition. It appears that the Forum below passed its impugned interim order dated 8.9.09 exparte after considering and hearing the Complainants. We quote below Section 13(3B) for proper appreciation of the case: "Where during pendency of any proceeding before the District Forum, it appears to it necessary, it may pass such interim order as it is just and proper in the facts and circumstances of the case". As there is no scope for us to consider the merit of the case we are to see if the impugned interim order was just and proper in the facts and circumstances of the case. It further appears that in the...
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