LAWS(NCD)-2022-9-12

RUPENDRA KUMAR BRAHMA Vs. PRODIP KUMAR BASU

Decided On September 07, 2022
Rupendra Kumar Brahma Appellant
V/S
Prodip Kumar Basu Respondents

JUDGEMENT

(1.) The present First Appeal has been filed under Sec. 19 of the Consumer Protection Act, 1986 by Dr. Rupendra Kumar Brahma (hereinafter referred to as the 'OP-3') against the Order dtd. 31/12/2019 passed by State Consumer Dispute Redressed Commission, West Bengal at Kolkata (hereinafter referred to as the 'State Commission'), whereby it dismissed the IA to stay of all the proceedings before the State Commission, till disposal of the Criminal Case being filed by the Complainant pending before the Addl. District and Session Judge at Barasat.

(2.) Heard the arguments from the learned Counsel for the Appellant. Perused the material on record inter-alia the Order of the State Commission.

(3.) The Doctor (OP-3) / Appellant filed an IA/1022/2019 before the State Commission to stay the proceedings in the Complaint No. CC/332/2019, as the Complainant filed a Criminal Case on the same ground before the Addl. District and Session Judge at Barasat and it was pending. The State Commission dismissed the IA with following observation. The relevant paragraph is reproduced below:-