KALISWARI FIRE WORKS Vs. KAMAL ENTERPRISES

JUDGEMENT

(1.) This is a bunch of six revision petitions, which have been filed by M/s Kaliswari Fire Works (the manufacturer), who was opposite party no.3 before the District Consumer Disputes Redressal Forum, Purulia, West Bengal (District Forum for short), against the orders dated 20th of March, 2006 passed by the State Consumer Disputes Redressal Commission, West Bengal (State Commission for short ). The State Commission has decided all the six appeals filed by the manufacturer before it by passing identical orders in all the cases, the only variation being the amounts of transactions between the parties. We, therefore, propose to dispose of all the six revision petitions by this common order.

(2.) For the facility of easy reference, while facts from Revision Petition No.1332 of 2006 are being taken up for consideration, we will continue to call the parties as arrayed before the District Forum i. e. M/s Kamal Enterprises / M/s Sree Ram Mahadeb Mishra would continue to be called as the complainant, Jai Durga Grand Carriers (the transporter) as opposite party no.1, Mr. S. B. M. Arumugachamy @ S. V. M. A. Swami (the agent) as opposite party no.2.

(3.) At the outset, it may be stated that in all the six complaints, the District Forum, while accepting the complaints, had directed all the opposite parties to refund the value of the goods under consignment, including the cost of transit, and to pay compensation and cost within one month from the date of the order. The opposite party no.2 i. e. the agent despite notice had not appeared and was proceeded ex-parte. This order of the District Forum was challenged in appeal only by the present petitioner i. e. the manufacturer before the State Commission. Thus, the order of the District Forum qua opposite party no.1, the transporter, and the opposite party no.2 i. e. the agent has acquired finality as they have chosen not to challenge the District Forum order. Now, the only party aggrieved against the order of the fora below is the manufacturer, the present petitioner, who is before us in these six revision petitions.