ASHOK KUMAR BASU Vs. SUMIT KUMAR MITRA

JUDGEMENT

(1.) Challenge in this Revision Petition under Section 21(b) of the Consumer Protection Act, 1986 (for short the "Act") is to the order dated 03.07.2018 passed by the West Bengal State Consumer Disputes Redressal Commission, in First Appeal bearing No. A/526/2017. By the impugned order, the State Commission has allowed the Appeal preferred by the Complainant by holding the Complainant 'Consumer' within the meaning of Section 2(1)(d) of the Act and remanded the matter back to the District Consumer Disputes Redressal Forum, South 24 Pargans (for short "the District Forum") for re-adjudicating the case.

(2.) The Opposite Party filed the Written Version stating that the Complainant has developed the land with an intention to commercially exploit the same and, therefore, it is meant for commercial purpose and he is not a 'consumer'.

(3.) The District Forum based on the evidence adduced dismissed the Complaint with an observation that the Complainant is not a 'consumer' under the purview of the Act and the dispute be relegated to a Civil Court.