RAMESH PAUL Vs. MANOJ KUMAR SINGH

JUDGEMENT

(1.) Order impugned dtd. 1/3/2019 passed by the Learned State Consumer Disputes Redressal Commission, West Bengal in First Appeal no. A/745/2017 (arising out of order dtd. 28/4/2017 passed by the Learned the District Forum at Howrah in CC/356/2016) has been assailed by way of filing present application under article 227 of the constitution of the India.

(2.) Petitioner herein contended that petitioner filed a complain case before the District Forum contending that the opposite parties are the owner of land more or less 3 Katha 15 square feet comprised holding no. 37/1 and 37 , I.R Belilious Lane, Howrah, wherein they have constructed and developed one G +3 building over the said property and offered to sell one shop room measuring about 150 square feet area together with undivided proportionate share of land, including all sorts of common facilities on the ground floor and the petitioner herein for earning his daily livelihood, desired to purchase the same and accordingly one agreement for sale was prepared on 4/4/2012, which was notarized on 4/5/2012. The total consideration price for the same was settled at Rs.12.00 lakh and petitioner paid earnest money of Rs.2.00 lakh and obtained receipt on 21/4/2012. On 7/6/2012 the petitioner further paid Rs.5.00 lakh by two separate cheques and the opposite party no. 1 herein issued two separate receipts. On 23/7/2012 the petitioner further paid Rs.67,000.00 by cheque being no. 255664 dtd. 24/7/2012 after obtaining money receipt on 23/7/2012. Thereafter petitioner paid Rs.1.00 lakh 33 thousand by cash.

(3.) Petitioner further contended that the petitioner repeatedly requested the opposite parties to receive the rest amount to execute the deed of sale but they have deliberately failed to discharge their duty and for which the petitioner sent a legal notice through his Learned advocate on 8/11/2016 but as opposite parties did nothing the petitioner herein was compelled to file the complain case before Learned District Consumer Dispute Redressal forum at Howrah being case no. 356 of 2016, which was decided by the said Forum on 28/4/2017, allowing the said case exparte with costs against the opposite parties, with a direction to execute and register the sale deed within one month and also to pay Rs.50,000.00 out of which Rs.40,000.00 is to be deposited at the Consumer Legal Aid A/c and the rest is to be paid to the petitioner herein towards compensation.