UNIVERSAL PROJECTS Vs. PRASANTA KUMAR BASAK

JUDGEMENT

(1.) Present Revision Petition is filed by the Petitioner under Section 21 (b) of the Consumer Protection Act, 1986 against the order passed by West Bengal State Consumer Disputes Redressal Commission, Kolkata (hereinafter referred to as "the State Commission") in First Appeal No.A/227/2017 dated 23.10.2019.

(2.) Case of the Complainant/Respondent is that he entered into an agreement with the Petitioner/Opposite Party on 30.09.2014 for purchase of Flat No.304 at a cost of Rs.15,05,000/-. He also paid an advance of Rs.5 lakhs. The Petitioner assured the Complainant to complete construction of the flat and hand over the same within eight months from the date of execution of the agreement, after receipt of the balance consideration from the Complainant. Having not got possession within the agree time frame, the Respondent wrote several letters to the Petitioner, but with no response. Later, on a site visit, he found that the work was not completed as per the agreed specification and therefore the Complainant was compelled to file a Complaint before the District Forum.

(3.) The Opposite Party filed written version and denied all the allegations made in the Complaint. It was contended that as per the agreement the Complainant was to pay Rs.15,05,000/- towards consideration of the flat, but he paid Rs.5 lakhs only and failed to make payment of the balance amount.