SAKUNTALA DEVI Vs. MD MUMTAZ ALAM

JUDGEMENT

(1.) This Revision Petition has been filed by the Petitioner under Section 21 (b) of the Consumer Protection Act, 1986 against the order passed by the West Bengal State Consumer Disputes Redressal Commission, Kolkata (hereinafter referred to as "the State Commission") in First Appeal No.A/73/2019 dated 27.12.2019.

(2.) The case of the Complainant/Respondent No.1 is that he entered into an agreement for sale on 13.03.2010 with Opposite Parties No.1 & 2/Developers, who took up construction of a building on the land provided by Opposite Party No.3/Respondent No.6 and Petitioner/Opposite Party No.4 for purchase of a flat on the first floor of the building measuring 408 sq. ft., for a consideration of Rs.7 lakhs. Opposite Parties 1 & 2 alongwith Opposite Parties No.3 & 4 entered into a separate agreement on 25.03.1997 and the Complainant's flat came within the developer's allocation. Initially the Complainant paid a sum of Rs.1,70,000/- to Opposite Parties No. 1 & 2 and subsequently he paid the balance amount, totalling to Rs.6,10,000/-. Although the Complainant was ready to get the sale deed executed on payment of the final balance amount of Rs.90,000/- within the stipulated time, the Opposite Parties in collusion with each other avoided handing over of the flat. Hence, a complaint case was filed before the District Forum by the Complainant with following prayer: -

(3.) The District Forum allowed the Complaint on contest against Opposite Party No.1, 2 (i) to (iii) and ex-parte against Opposite Parties No.3 & 4. It directed as follows: -