PRITIKANA SAHAROY Vs. DURGA MONDAL

JUDGEMENT

(1.) This revisional application is directed against the order no.3 dated July 15, 2016 passed by the State Consumer Disputes Redressal Commission, West Bengal in Miscellaneous Application No. MA/666/2016 in First Appeal No. A/234/2016 staying further proceedings of the Execution Case No. 69/206 pending before the District Consumer Redressal Forum, Howrah.

(2.) The petitioner herein filed an application before the District Consumer Disputes Redressal Forum, Howrah on the alleged deficiency of service on the part of the opposite party under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as the said Act) inter alia, praying for a direction upon the opposite party to complete the remaining work of the flat in question forthwith and hand over the possession of the same and execute and register a Deed of Conveyance and/or any other document necessary for effectively transferring the ownership of the said flat to the complainant immediately and also for compensation against the loss, mental agony and harassment suffered by her for such deliberate delay of possession etc.

(3.) The said complaint was at first dismissed in the District Forum as also the appeal preferred before the State Consumer Disputes Redressal Commission, West Bengal. But in revision the orders passed by the fora below were set aside by the National Consumer Disputes Redressal Commission, New Delhi and the District Forum was directed to decide the case afresh within a stipulated period. Thereafter District Consumer Disputes Redressal Forum, Howrah after contested hearing allowed the complaint of this petitioner with cost with a direction upon the O.P. to hand over the flat in question after executing and registering the deed of conveyance in her favour after receiving the due amount of Rs. 7,20,000/- and also pay compensation of Rs. 50,000/- within 60 days from the date of the order failing which petitioner will be at liberty to put the order in execution. Petitioner then filed the execution case in question for failure on the part of the opposite party to comply the said direction.