MRINAL KANTI PAL Vs. PUTUL SAHA

JUDGEMENT

(1.) THIS is a revision petition filed against the interim order dated 5.11.2004 passed by the District Forum 24 Pgs.(N) in the Forum Case No. 158/2004. The present revisional applicants were the O.Ps. before the Forum whereas the present O.Ps. were the complainants.

(2.) IN terms of the agreement of sale executed between the parties the complainants agreed to purchase two flats from the O.Ps. (Developers) and after paying the entire consideration money got possession of the said flats on 31.12.2002. The complaint case was filed alleging incomplete work done by the O.Ps. in respect of the said flats. The O.Ps. filed a petition raising the point of maintainability of the complaint case before the Forum in view of Section 12A of the West Bengal Building (Regulation of Promotion of Construction and Transfer by Promoters) Act, 1993. It was also contended by the O.Ps. that they are not traders within the meaning of the C.P. Act and hence the allegation of unfair trade practice against the O.Ps. as made in the complaint petition was without any basis. The Forum, however, on hearing both the parties rejected the objections raised by the O.Ps. in regard to the jurisdiction of the Forum to adjudicate the matter. The Forum held that it had the jurisdiction to entertain the complaint case and fixed a date for hearing of the matter. Being aggrieved by this interim order of the Forum the O.Ps. have filed the revision petition before this Commission.

(3.) IN the revision petition the main point taken by the Revisional Applicants is that the District Forum failed to take into account the provision of Section 12A of the West Bengal Building (Regulation of Promotion of Construction and Transfer by Promoters) Act, 1993. The Forum also failed to examine whether the appellants are traders within the meaning of the Consumer Protection Act. In the revision petition the petitioners have prayed for orders directing that the complaint filed by the complainants is not entertainable by the District Forum.