KAMALA PROPERTIES LIMITED Vs. SUCHISMITA ROY & ORS

JUDGEMENT

(1.) This application under Article 227 of the Constitution of India is directed against order No. 14 dated 28th January, 2010 passed by the Consumer Disputes Redressal Forum, Unit -I, Kolkata in CDF/Unit-I/Case No. 363 of 2007. The petitioner/promoter has challenged the said order. Mr. Rai, learned advocate appearing on behalf of the petitioner submits that the application of the opposite parties/flat purchasers was made praying for execution and registration of deed of conveyance in respect of the flats and car parking spaces purchased by them as well as compensation. The admitted position is that pursuant to the order impugned, the registration of conveyances in favour of the opposite parties has taken place.

(2.) Mr. Rai submits that the order impugned is liable to be set aside since the Consumer Forum exercised jurisdiction it did not have. He relies on the provisions of the West Bengal Building (Regulation of Promotion of Construction and Transfer by Promoters) Act, 1993, hereinafter referred to as the said Act, in particular to Sections 6 and 12A therein. He submits that under Section 6 any purchaser may, if he has any dispute regarding the purchase of any flat, make an application as may be prescribed for adjudication. He submits that the scope and effect of the said Section 6 is of widest effect and the reliefs claimed by the opposite parties in their application before the Consumer Forum come within the ambit of the said section. He then submits that under Section 12A, the jurisdiction of the Consumer Forum which has the trappings of a civil court stood ousted. As such, the impugned order cannot be sustained. In substantiating his submissions Mr. Rai relies upon the following decisions:

(3.) Mr. Rai submits that this court has consistently held in considering and relying upon the judgments of the Supreme Court that in the circumstances of the present case the jurisdiction of the Consumer Disputes Redressal Forum stood ousted.