DILIP KUNDU Vs. MIRA DEVI AGARWAL

JUDGEMENT

(1.) The petitioners have filed the present revisional application against the order dated December 3, 2021 passed by the West Bengal State Consumer Disputes Redressal Commission, Circuit Bench, Siliguri in Consumer Case No. CC/10/2020 (Smt. Mira Devi Agarwal vs. Sri Mohny Soorma and Ors).

(2.) Learned Advocate appearing for the petitioners has submitted that the petitioners are developers. They have constructed ground plus four storied building consisting of 64 flats along with parking spaces. The petitioners had entered into agreements with the opposite parties on August 6, 2012 and August 22, 2015 in respect of three flats at a settled consideration. The opposite parties had paid a part of such consideration at the time of the execution of the agreement. The opposite parties had failed to pay the balance consideration within the time agreed. Consequently, upon the failure of the opposite parties to pay the agreed consideration, the agreements dated August 6, 2012 and August 22, 2015 stood terminated.

(3.) Learned advocate appearing for the petitioners has submitted that, the petitioners had filed a suit in the Court of the learned Civil Judge, Junior Division, Siliguri, against the opposite parties being Title Suit No. 14 of 2019, praying for a decree of declaration that the agreement dated August 6, 2012 and August 22, 2015 were terminated on the failure of the opposite parties paying the agreed consideration within the time stipulated.