SECRETARY Vs. ANIT CHOWDHURY

JUDGEMENT

(1.) This revision petition under sec. 21 of the Consumer Protection Act, 1986 (in short, the 'Act') assails order dtd. 2/11/2018 of the State Consumer Dispute Redressal Commission, West Bengal, Kolkata (in short, 'State Commission') in Appeal No. A/344/2017 of 2017 filed against order of the District Consumer Disputes Redressal Forum, Kolkata Unit III (in short, 'District Forum') in consumer complaint no. 212 of 2016 dtd. 22/2/2017.

(2.) A cross revision petition no.3317 of 2018 has also been filed by Alka Devi Bhawalka against the same order of the State Commission, Kolkata. This order will also dispose of this revision petition as it emanates from the same impugned order.

(3.) In brief, the facts of the case are that respondent no.1 had filed consumer complaint no. CC 212 of 2016 before the District Forum claiming that respondent no.2 had sold a car parking space measuring approximately 120 sq ft on the ground floor of the building Lokenath View, 100 Banamali Naskar Road, Kolkata for a consideration of Rs.3,25,000.00 as per a sale deed dtd. 16/1/2015 registered with the ADSR, Behala. It is admitted by respondent no 1 that this document mentions the sale consideration as Rs.2,00,000.00 only. Respondent no 1 submits that respondent no 2 had assured him that the said car parking would be enclosed by a brick wall duly plastered with a shutter gate in the front. However, this property was not handed over and the construction as promised was not done by respondent no 2 despite several efforts by respondent no 1, including a legal notice dtd. 25/8/2015. Thereafter, respondent no 1 approached the District Forum praying for direction to respondent no 2 to complete the construction and to deliver vacant possession to him along with compensation of Rs.5,00,000.00 for the inordinate delay. This complaint was contested by respondent 2. Petitioners 1 and 2 herein also contested the complaint on the ground that the space stated to have been sold was earmarked as common parking space as per the building plan sanctioned by the Kolkata Municipal Corporation (KMC) and could not be sold or enclosed as claimed.