Prasenjit Mandal, J. - (1.) This application is directed against the order dated April 29, 2011 passed by the Hon'ble State Consumer Disputes Redressal Commission, West Bengal in S.C. Case No.MA-51 of 2011 in connection with Complaint Case No.CC/87 of 2009. The short fact is that the petitioner filed a complaint case being No.CC/87 of 2009 before the Hon'ble State Consumer Disputes Redressal Commission of West Bengal (henceforth shall be called as "State Commission") and that complaint case was allowed by the order dated November 29, 2010 awarding compensation in favour of the petitioner ex parte. Thereafter, the opposite party no.2 filed a misc. case being MA-05 of 2011 for recall of the order dated November 29, 2010 contending that the said order was obtained by practising fraud upon the Hon'ble State Commission. Thereafter, the State Commission recalled the ex parte order dated November 29, 2010 by the order dated February 4, 2011.
(2.) The petitioner has contended that the demand notice was duly sent to the opposite party no.2 at his address at 123, Raj Kumar Mukherjee Road, P.S. Barranagar, Kolkata - 700035. But the demand notice was returned with the remark "left" by the postal authority and as such, the petitioner served another demand notice dated January 8, 2009 upon the advocate of the opposite party no.2 at 20, Abdul Halim Lane, Kolkata-700016, and the said notice was received by the advocate. The said notice was received. Since, the opposite party no.2 did not make any payment of money as demanded, the petitioner filed the complaint case being No.CC/203 of 2009 before the District Consumer Disputes Redressal Forum, Calcutta mentioning the address of the said advocate at 20, Abdul Halim Lane, 3rd Floor, Kolkata - 700016. The said complaint case was rejected for non-production of some documents without admission and no notice was served upon the opposite party no.2.
(3.) Being aggrieved, the petitioner preferred an appeal being No.FA/09/202 before the Hon'ble State Commission. The said appeal was admitted but when the notice was issued upon the learned Advocate, Mr. Zakir Hussain, he refused to accept the notice and it was returned back. At the time of agreement between the complainant and opposite party no.2 on February 29, 2004 over the purchase of a flat, the opposite party no.2 mentioned the registered office at 26/1, Raj Kumar Mukherjee Road, Kolkata - 700035 and as such, the later complaint case being No.CC/87 of 2009 was filed mentioning that address on the basis of the order dated October 23, 2009 of the State Commission. The petitioner had contended that by the order dated February 4, 2011, the Hon'ble State Commission recorded that the opposite party no.2 disclosed his address at 123, Raj Kumar Mukherjee Road.;