KHURSHID AHMED ANSARI Vs. AFZAL

JUDGEMENT

(1.) In this review application this Court has been called upon to review its judgment and order dated 27th November, 2014 in CO 2939 of 2013. The opposite party (for short OP) in the CO is the review applicant. The petitioner in the CO is the review respondent. By judgment and order dated 27th November, 2014 this Court set aside the order impugned dated 1st November, 2013 passed by the ld. State Consumer Disputes Redressal Commission (for short the Commission) affirming the order dated 28th March, 2012 passed by the Ld. Consumer District Forum (for short CDF) by which both the fora allowed the complaint of the review applicant connected to the purported sale of a residential flat. While allowing CO 3929 of 2013 this Court took notice of the fact that under Section 12A of the West Bengal Building (Regulation of Permission of Construction and Transfer by Promoters) Act, 1993 (for short the 1993 Act) there is a clear bar on Civil Courts to exercise jurisdiction in matters pertaining to sale of flats inter se promoters and purchasers, which are the subject matter of the special law, viz. the 1993 Act.

(2.) To arrive at its above noted conclusion while dismissing CO 3929 of 2013 this Court relied upon the judgment of a Hon'ble Division Bench of this Court in the matter of Narayan Chandra Ghosh & Anr. Vs. Biswajit Lahiri, 2006 1 CalHN 401 as well as a Hon'ble Single Bench of this Court in Bithi Das vs. Debabrata Mondal, 2014 1 CalHN 50.

(3.) This Court noticed that under Section 12A of the 1993 Act the bar to any Civil Court which, includes a consumer forum such as the CDF and Commission set up under the Consumer Protection Act (for short CP Act), 1986, is not merely an implied bar but an explicit one.