Raghunath Mallik v. Sai Realty And ORS

08.11.2021 (S/L-36) Ct.-18 (Susanta) (Via Video Conference) C.O. 1836 of 2021 Sri Raghunath Mallik -Vs- Sai Realty & Ors.

Mr. Debabrata Dhar, Mr. Prodyot Kumar Ray, Ms. Paramita Sahu, ... For the Petitioner.

The petitioner of the present revisional application under Article 227 of the Constitution of India has filed a complaint under Section 35 of the Consumer Protection Act, 2019 before the District Consumer Disputes Redressal Commission, Kolkata Unit-III being Complaint Case No. 423 of 2021.

Mr. Dhar, learned advocate appearing on behalf of the petitioner submits that the complaint was filed on September 06, 2021 and in terms of Section 36 of the aforesaid Act, the Commission is obliged to consider the issue of admissibility of the said case within 21 days from the date of its filing but the Commission has fixed the date for admission hearing of the complaint of the petitioner beyond twenty-one (21) days, i.e. on November 24, 2021.

Twenty-one days from the date of filing of the complaint has already elapsed, as such, C.O. 1836 of 2021 is disposed of with a request to the

Commission to consider the issue of admissibility of the said complaint on the date so fixed.

There shall be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)