- (1.) THIS writ application, at the instance of the Calcutta Metropolitan Development Authority, arises out of a complaint made by the Respondent No. 7, Mr. Mohan Lal Bazaz, to the District Forum under S. 12 of the Consumer Protection Act, 1986.
(2.) THE complaint was in respect of the writ petitioner's scheme to construct a public convenience at the Netaji Park on Chittaranjan Avenue. On the basis of the said complaint, the District Forum passed an order restraining the Calcutta Metropolitan Development Authority, hereinafter referred to as "CMDA", from making any further construction in pursuance of its aforesaid scheme.
(3.) THE CMDA preferred an appeal against the said order to the Slate Commission under S. 15 of the aforesaid Act. The said appeal was admitted on 22nd February, 1991, and the order passed by the President of the District Forum on 15th January, 1991, was stayed. Thereafter, on 6th April, 1991, the CMDA was restrained from constructing the privy or from making any other construction at the Netaji park (opposite to Mahajati Sadan) on Chittaranjan Avenue, till the matter was taken up for complete hearing on 20th April, 1991. The matter was not, however, taken up for hearing on 20th April, 1991, but was adjourned till 7th June, 1991, since the Respondent No. 7 was not present. In this background, the CMDA filed the instant writ petition.;