LAWS(CAL)-2013-6-45

VINDHYA PROJECTS PVT. LTD. Vs. ALOK KUMAR BASU

Decided On June 27, 2013
Vindhya Projects Pvt. Ltd. Appellant
V/S
ALOK KUMAR BASU Respondents

JUDGEMENT

(1.) CHALLENGE is to the Order dated February 21, 2013 passed by the Hon'ble State Consumer Disputes Redressal Commission, West Bengal in S.C. Case No.F.A./387/2012 arising out of the judgment and order dated June 8, 2012 passed by the learned District Consumer Disputes Redressal Forum, South 24 Parganas in C.C. Case No.78 of 2010.

(2.) THE complainants/opposite parties herein instituted a complaint under Section 12 of the Consumer Protection Act, 1986 contending, inter alia, that an agreement for development of the land of the complainants was held on November 24, 2003 between the complainants and the petitioner herein upon certain terms and conditions, inter alia, that the owners of the land would get 38% of the total constructed area and the developer to furnish completion certificate in respect of the building, drainage, sewerage, etc. The development of the land of the complainants had been done accordingly. But, the possession of 38% of the total constructed area and the completion certificate had not been delivered to the complainants.

(3.) UPON hearing both the sides, the State Commission dismissed the appeal on contests without any costs. Being aggrieved, the developer has preferred this revisional application. Now, the question is whether the impugned order should be sustained. Having heard the learned Counsel for the parties and on going through the materials on record, I find that the Hon'ble State Commission has passed a justified order in the said situation. An opportunity was given to the developer/petitioner herein to contest the complaint under Section 12 of the said Act. But, the petitioner preferred not to contest the said complaint. The learned District Forum proceeded with the complaint case ex parte accordingly and on the basis of the materials and the evidence, the learned District Forum passed the award ex parte against the petitioner.