PADMA HIMGHAR PVT LTD Vs. GHANSHYAM SAHA

JUDGEMENT

(1.) This revision petition challenges the order dated 13.09.2010 of the West Bengal State Consumer Disputes Redressal Commission, Kolkata (in short, 'the State Commission') in FA No. 239 of 2010. By this order, the State Commission dismissed the appeal filed by the opposite party (OP) and confirmed the order of the District Consumer Disputes Redressal Form, Malda (In short, 'the District Forum') in consumer complaint No. 16 of 2009 by directing the appellant to comply with the award of the District Forum within 45 days from the date of the State Commission's order, failing which to also pay interest @ 9% per annum on the awarded amount till its realisation in full. It may be mentioned that the District Forum had allowed the complaint in part and directed the OP to pay Rs. 1,60,000/- to the complainant within 30 days from the date of its own order, failing which to pay interest @ 9% per annum till realisation. Aggrieved by the concurrent findings of the Fora below, the OP has filed this revision petition.

(2.) We have heard Mr. Sanjoy Kumar Ghosh, learned counsel for the petitioner/OP and carefully considered the documents filed by him in compliance of our directions.

(3.) The main point raised by Mr. Ghosh is that though the respondent/complainant claimed relief in respect of payment of the price of potato bags stored by him in his own name as well as those of his wife and son in the cold storage run by the petitioner, the complaint did not implead his wife and son in the complaint. According to Mr. Ghosh, the order of the District Forum, though confirmed by the State Commission, cannot be sustained in respect of the persons not even impleaded in the original complaint.