PRATIK GHOSH Vs. MUNMUN GHOSH

JUDGEMENT

(1.) Revision Petition under Section 21(b) of the Consumer Protection Act,1986 [for short "the Act"] directed against the Impugned Judgment and order dated 14.05.2018 passed by the State Consumer Disputes Commission West Bengal (for short "State Commission") in First Appeal No. A/300/2017, whereby the State Commission had dismissed the First Appeal No. A/300 of 2017 preferred by the petitioner/ OP against the order dated 20.12.2016 passed by the District Consumer Disputes Redressal Forum, Howrah (for short "District Forum") in Consumer Case No. C.C. 444 of 2014, filed by the complainant.

(2.) The OP filed a written version and submitted that Nemai Chand Ghosh, (since deceased) had obtained a sanctioned plan on 19.03.2012 of G+2 storied building from HMC (Howrah Municipal Corporation). The OP has admitted that as per Agreement, he was under obligation to provide a self contained flat of 600 sq. ft. and a sum of Rs. 12,00,000/- in easy instalment. The OP has further stated that he has delivered possession of the flat on the top floor to the complainants and also delivered possession to the tenants of the said Nemai Chand Ghosh. However, the OP has categorically stated that after the death of Nemai Chand Ghosh, the complainants being legal heirs refused to execute any Power of Attorney in favour of the OP, therefore there was delay in construction.

(3.) After assessing the materials on record, the Ld. District Forum allowed the complainant :