LAWS(CAL)-2021-7-18

CHANDRANI SARKAR Vs. SUDIPA CHOWDHURY

Decided On July 02, 2021
Chandrani Sarkar Appellant
V/S
Sudipa Chowdhury Respondents

JUDGEMENT

(1.) The present application under Article 227 of the Constitution of India arises against an order dated June 30, 2020 passed by the State Consumer Disputes Redressal Commission on contest, whereby both the orders impugned therein were set aside. Two separate appeals had been preferred before the Commission. First Appeal No. A/885/2019 was filed against an award passed by the District Forum on February 28, 2014, whereby the opposite party no.1 obtained an award against the opposite party no.2 for possession, in the alternative refund of the consideration money allegedly paid by the opposite party no.1 to the opposite party no.2 in respect of the disputed property. The other appeal bearing no.A/3/2020 was preferred against an order bearing Order No.50 dated September 26, 2019, whereby police assistance was directed for the opposite party no.1 to get possession of the property-in-dispute.

(2.) The short background of the case is as follows:

(3.) The opposite party no.1 filed a complaint before the consumer forum, giving rise to CC No.10 of 2014, alleging that, despite having entered into an agreement for sale of the disputed property in favour of the opposite party no.1, the opposite party no.2 had refused to honour the same.