GOPAL DAS Vs. AJOY MUKHERJEE

JUDGEMENT

(1.) This is an application under Article 227 of the Constitution of India challenging order dated 12th December, 2012 in S. C. Case No.FA/194/2012 passed by State Consumer Disputes Redressal Commission, West Bengal.

(2.) The background fact of this case may be summarized as follows:- The O. P.s. being complainants filed a complaint in the District Consumer Disputes Redressal Forum 24 Pgs. (South) (hereafter to be referred as District Forum) being CCEE case No.162 of 2010 against present petitioner O. P. Their case was that they entered into an agreement dated 1st of April, 2009 with the O. P. for purchase of a flat in premises No.26/49 Motilal Road, Kolkata 700061 at a consideration of Rs.7,10,000/-. The complainants made a total payment of Rs.1,16,000/- towards consideration. In spite of repeated demand the O. P. refused to hand over possession of the flat on execution of the deed of sale as per agreement. Accordingly, complainants filed said complaint praying for issuing direction upon present petitioner O. P. to execute and register said deed of conveyance, to pay Rs.40,000/- towards compensation for unnecessary harassment and also to pay a sum of Rs.10,000/- towards litigation cost.

(3.) The present petitioner as O. P. appeared in the District Forum belatedly when the matter was fixed for ex parte hearing and was permitted to contest the case by filing written version on payment of a cost of Rs.10,000/- vide order dated 11th February, 2011. On account of non-payment of said cost of Rs.10,000/- O.P. was permitted to contest the case on points of law only vide order dated 13th of December, 2012.