CALCUTTA METROPOLITAN DEVELOPMENT AUTHORITY Vs. UNION OF INDIA

JUDGEMENT

(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 State Commission under S. 15 of the aforesaid Act. The said appeal was admitted on 22/02/1991, and the order passed by the President of the District Forum on 15/01/1991, was stayed. Thereafter, on 6/04/1991, the CMDA was restrained from constructing the privy or from making any other construction at the Nataji park (opposite to Mahajati Sadan) on Chittaranjan Avenue, till the matter was taken up for complete hearing on 20/04/1991. The matter was not, however, taken up for hearing on 20/04/1991, but was adjourned till 7/06/1991, since the Respondent No. 7 was not present.