CHAKTHAKURANI PROGRESSIVE PVT LIMITED Vs. MAYA RUDRA

JUDGEMENT

(1.) This application under Article 227 of the Constitution of India is directed against the order dated 4th October, 2010 passed by the learned State Consumer Dispute Redressal Commission, West Bengal (hereinafter referred to as "the State Commission), in R.P. No. 112 of 2009 arising out of order dated 11th August, 2009 in C.D.F. Unit I in Execution Case No. 15 of 2006 passed by the learned District Consumer Dispute Redressal Forum, Unit - II (hereinafter referred to as "the District Forum). The subject-matter of the instant case revolves around a complaint filed by the complainant/respondents before the District Forum, complaining "short delivery" against the petitioners in respect of sale of a flat. More succinctly, the case of the complainant/respondents is to the effect that although it was claimed that the super built area of the flat was 1264 sq. ft. but on delivery of possession the same was found to be 1042 sq. ft.

(2.) The District Forum accepted the said contention of the complainant/ respondents and by order dated 06.04.2006 awarded a sum of Rs. 3,80,000/-along with a sum of Rs. 10,000/- as compensation for such short delivery. The State Commission by its order dated 20.11.2007 affirmed the aforesaid order of the District Forum.

(3.) Being aggrieved by the same, the petitioners preferred a revisional application before the National Commission under section 21(b) of the Consumer Protection Act, 1986 (hereinafter referred to as "the Act of 1986). By order dated 30.04.2008 the said application was dismissed.