CHABI DAS Vs. RANJIT KUMAR CHOWDHURY

JUDGEMENT

(1.) THIS revision petition has been filed by Mr. Chabi Das (the developer/builder), who was opposite party no.1 before the District Consumer Disputes Redressal Forum, Alipore, Kolkata (District Forum for short), aimed at challenging the order dated 11th of August, 2011 passed by the West Bengal State Consumer Disputes Redressal Commission, Kolkata (State Commission for short), dismissing his appeal with a cost of Rs.1000/ -. The appeal had been filed by the petitioner against the order dated 25th of January, 2010 of the District Forum, vide which the petitioner has been directed to refund a sum of Rs.3,29,000/ - to the respondent no.1/complainant within one month from the date of the order together with interest @ 10% per annum w.e.f. 1st of December, 2005 and also to pay a sum of Rs.3,00,000/ - as compensation, besides Rs.1000/ - towards the cost of litigation.

(2.) FACTS of the case, in brief, are that the petitioner/developer had entered into an agreement for sale of a flat to be constructed by him to the respondent no.1/complainant for a cost of Rs.3,60,000/ -. He had already received a sum of Rs.3,30,000/ - and on account of the non -payment of the balance amount of Rs.30,000/ -, the petitioner not only revoked the sale agreement but also sold the said flat to a third party. Obviously, being aggrieved the respondent no.1/complainant approached the District Forum, who, as stated above, not only directed the petitioner to refund the amount already paid by the complainant with interest but also awarded a compensation of Rs.3,00,000/ - for the injustice and deficiency perpetrated by the petitioner. Aggrieved with the said decision of the District Forum, the petitioner had filed an appeal before the State Commission, which too, as stated above, has been dismissed with a cost of Rs.1000/ -.

(3.) WE have heard the learned counsel for the petitioner on admission of this revision petition.