SANDHYA DEY Vs. KAPIL SEN

JUDGEMENT

(1.) The present revision petition no. 2041 of 2019 has been filed by Smt Sandhya Dey against Shri Kapil Sen and two others against the judgment dated 06.06.2019 of the West Bengal State Consumer Disputes Redressal Commission, Kolkata ('the State Commission') in First Appeal no. 1342 of 2017.

(2.) The brief facts of the case are that the complainant/ respondent no.1 entered into an agreement on 26.02.2012 with the petitioner/ opposite party in the complaint for the purchase of self-contained flat. It was promised in the agreement that the sale of the flat will be done within 180 days of the agreement. The petitioner had entered into a development agreement with the developer who was to construct the whole building on the land given by the petitioner. The petitioner entered into an agreement to sell by selling the flats in the proposed share in the building. When the possession was not given by the petitioner to respondent no.1/ complainant, he filed a consumer complaint bearing no.16 of 2017 before the District Consumer Disputes Redressal Forum, North 24 Pgs, Barasat ('the District Forum'). The District Forum vide its order dated 24.11.2017 allowed the complaint as under:

(3.) Aggrieved by the order of the District Forum the petitioner herein/ OP no.1 preferred an appeal no.1342 of 2017 before the State Commission. The State Commission vide its order dated 06.06.2019 has partly allowed the appeal and observed as under: