AURO DEVELOPERS Vs. MALA MUKHERJEE

JUDGEMENT

(1.) This revisional application is directed against a judgment and order dated 9.7.2010 passed by State Consumer Disputes Redressal Commission, West Bengal in S.O. Case No RC/44/2010 by which the original complaint application is directed to be heard afresh. Briefly stated the facts are that the opposite party Nos. 1 and 2 entered into an agreement dated 17.11.2005 with the petitioners and other opposite parties for purchase of a flat No. 4A, measuring more or less 1917 square fit super built up area comprising of the entire fourth floor together with an open terrace measuring 278 square fit and one car parking space measuring 135 square fit on the ground floor at premises No. 487, Keyatala Road, Calcutta-700 029 at a consideration of Rs. 48,00,000/- (Forty Eight lakhs).

(2.) Thereafter they were intimated about the issuance of the completion certificate by the Kolkata Municipal Corporation with further demand for payment of the balance consideration money. The possession of the said flat was taken in the year 2007.

(3.) In the year 2009 the opposite party Nos. 1 and 2 initiated a proceeding under section 12 of the Consumer Protection Act before the District Consumer Disputes Redressal Forum, Unit 1, Calcutta being CDF Case No. 91/2009 and prayed for an order of refund of a sum of Rs. 7,70,000/- (Rs. Seven Lakhs and Seventy Seven Thousand) being the price of the difference in the measurement of the area and a further sum of Rs. Five lakhs towards the damages and compensation. It is alleged in the said petition that in terms of the said agreement dated 17.11.2005 the petitioner along with other opposite parties agreed to sell a flat measuring more or less 1917 square feet of super built up area but on verification it is found that they have given lesser area of above 344 square feet and thus have departed from the agreement dated 17.11.2005.