(1.) The present Revision Petition, under Section 21 (b) of the Consumer Protection Act, 1986 (for short "the Act") has been filed by the Petitioners against the order dated 15.01.2016 of the West Bengal State Consumer Disputes Redressal Commission, Kolkata (for short "the State Commission") in First Appeal No.381/2014 whereby Appeal filed by the Petitioners was dismissed.
(2.) The case of the Complainant/Respondent No.1 is that he entered into an agreement for sale for purchase of a flat at a consideration of Rs.8,25,000/- on 16th April, 2007 with the Petitioners/Opposite Parties 1 and 2. Respondent No.1 paid part consideration of Rs.4,31,000/- in cash and cheque on different dates. Respondent No.1 requested the Petitioners to deliver possession of the flat and execute the sale-deed, but the Petitioners failed to do so. As it amounts to negligence and deficiency in service on the part of the Petitioners, a consumer case was filed before the District Forum.
(3.) The Complaint was contested by the Petitioners. They admitted that they received a sum of Rs.4,31,000/-, out of the total consideration amount towards the flat, but Respondent No.1 failed to pay the balance amount within the specified time period. The question of handing over of the flat therefore did not arise. The building was completed in the year 2007 and since the Complainant failed to pay the entire cost of the flat they denied any negligence or deficiency in service on their part and prayed for dismissal of the Complaint case.