- (1.) This application is at the instance of the opposite party / petitioner and is directed against the Order dated June 22, 2012 passed by the State Consumer Disputes Redressal Commission, Calcutta in SC Case No. RC/116/2011 thereby rejecting the revisional application filed by the petitioner.
(2.) The opposite party no. 1 filed a complaint petition under Section 12 of the Consumer Protection Act, 1986 before the learned District Consumer Disputes Redressal Forum, Burdwan being DF Case No. 229 of 2009 praying, inter alia, for a sum of Rs. 2,49,178/- as compensation and litigation costs. The opposite party no. 1 has contended that one, Ajoy Chowdhury, since deceased, purchased a Tata truck being the vehicle in question after obtaining financial assistance from the opposite party no. 3 herein in the year 2004.
(3.) The said Ajoy Chowdhury died on April 1, 2004 leaving behind his wife and a son as surviving representatives. Thereafter, the heirs of late Ajoy Chowdhury executed a Power of Attorney dated May 24, 2005 in favour of the opposite party no. 1 (complainant) entrusting him to look after, pay and sell the vehicle and also to do all the things necessary, for and on their behalf. Thereafter, as per petition of complaint, the opposite party paid certain instalments, but, he failed to make payment of two instalments and for that reason, the opposite party no. 3 took possession of the vehicle in question by use of force. Thereafter, one Priya Nath Chatterjee claimed that he became the owner of the vehicle by purchase from the opposite party no. 3. Criminal proceedings were lodged over the matter. Ultimately, as per order of the Hon'ble Court permitting the opposite party no. 1 to take appropriate legal steps, he filed the present complaint being DF Case No. 229 of 2009 praying, inter alia, for a sum of Rs. 2,49,178/- as compensation and litigation costs.;