- (1.) By this writ petition 4 the petitioner herein has sought for quashing of an order dated 23rd July, 1996 and a proceedings being SC Case No. 203/0/96 in which the said order has been passed. The impugned proceedings has been initiated by the respondent No. 3 before the respondent No. 1, viz. State Consumer Disputes Redressal Commission, West Bengal who has passed the impugned order. The short point raised in this writ petition is that having regard to the allegations made in the complaint petition being Annexure "A" herein, the respondent No. 1 has no jurisdiction to entertain the said complaint and naturally no authority to pass the impugned order.
(2.) Mr. Avrajit Mitra, the learned Lawyer, appearing for the petitioners, submits that upon plain reading of the complaint, the respondent No. 3 who was the complainant before the respondent No. 1, it will appear that the following case has been made out.
(3.) The complainant is a supplier of stones. In pursuance of the order placed by the Writ Petitioner herein, the complainant (the respondent No. 3 herein) on diverse dates supplied stones and other materials to the writ petitioner. The materials were accepted by the writ petitioner, and the bills of supply were raised and submitted to the writ petitioner. Notwithstanding receipt of the same the writ petitioner herein and being the purchaser has failed and neglected to pay an aggregate sum of Rs. 2,05,653.87 paisa. This, according to the complainant is deficiency in services on part of the writ petitioner being purchaser.;