RITA DAS Vs. JAYASHRI GHOSH

JUDGEMENT

(1.) This revisional application is directed against judgment and order dated 16.04.2008 passed by State Consumer Disputes Redressal Commission, West Bengal in SC Case No. 183/A/ 2007 affirming those judgment and order dated 24.04.2007 passed by District Consumer Disputes Redressal Forum in CC Case No. 292 of 2004.

(2.) The facts involved in this revisional application are that the petitioner was initially seized and possessed of 2 cottahs 12 chittaks 31 sq.ft of land comprised in Municipal Premises No. 29, Jadu Mitra Road, Kolkata- 700034 whereas another plot of land measuring 3 cottahs 6 chittaks 15 sq.ft comprised in Municipal premises No. 148A, Bonamali Ghosal Lane, Kolkata-700 034 was owned by the cousin sister of the petitioner namely Ratna Biswas (nee Das) since deceased. After the death of the said cousin sister, husband and minor son transferred the said Municipal Premises No. 148A, Bonamali Ghosal Lane Road, Kolkata-700034 to the petitioner and one Soma Adhikary, the proforma opposite party No.3 herein for valuable consideration of Rs. 1,60,000/- out of which a sum of Rs. 1,20,000/- paid by the petitioner and the remaining Rs. 40,000/- was paid by the said proforma opposite party No.3 after obtaining a permission from the learned District Judge, South 24-Parganas. The aforesaid two plots were, thereafter, amalgamated and the entire plot of land was renumbered as 29, Jadu Mitra Road, Kolkata-700034. Subsequently, by virtue of a development agreement entered into between the petitioner as well as one M/s. B.M. Construction of partnership firm for development of the said amalgamated plot of land and in order to facilitate and/or smooth progress in the construction power of attorney were executed in favour of the partners of the said partnership firm. The complainant opposite party No. 1 alleges that she being the intending power entered into an agreement for purchase of a Flat No.2A on the second floor of the developed building on 23 April, 1995 and paid the entire consideration money from time to time and the said developer handed over the possession to her on 6th February, 1997. It would be pertinent to mention that the said agreement was executed on another judicial stamp paper of Rs.10/-. It is a specific case of the complainant/opposite party No.1 that in spite of handing over the possession, no conveyance and/or sale deed is executed in her favour.

(3.) The complainant opposite party No.1, thereafter, approached the Consumer Dispute Redressal Forum, Kolkata and filed C C Case No. 292 of 2004 for an order directing the petitioner as well as the said promoter to execute and registered the deed of conveyance and in respect of the said flat and also compensation to the tune of 2 Lakhs for unnecessary harassment together with the cost of the proceeding.