BHAGYALAXMI CONSTRUCTION Vs. MONORANJAN BASAK

JUDGEMENT

(1.) THE matter in this revision petition arose out of an agreement of 20.12.2000 between the Complainant and OP -2/Bhagyalaxmi Construction, Kolkata for purchase of a flat. Allegedly, the entire consideration was paid by the Complainant, but despite repeated requests the flat was not delivered to and registered in the name of the Complainant. The District Forum rejected the contention that the consideration was not paid. It also rejected the plea of limitation raised on behalf of the OP, holding it to be a case of continuing cause of action. Therefore, the OPs were directed to execute and register the deed of conveyance in favour of the Complainant within one month and pay Rs.1000/ - towards cost of litigation.

(2.) THE decision was challenged before the West Bengal Consumer Disputes Redressal Commission in FA/546/2010. The State Commission has confirmed the findings of the District Forum and dismissed the appeal of M/s. Bhagyalaxmi Construction. The latter has now challenged the order of the State Commission in revision petition no.668 of 2013.

(3.) ON the next date of hearing, the copy of the written statement of the OP before the District Forum, as produced by counsel for the revision petitioner, was perused. The contents of this written statement lend no support to the arguments advanced by Mr. Soumen Talukdar before this Commission. Thus the document does not show what was the exact amount of consideration agreed between the parties. Nor does it give any details of how much of the agreed consideration had been received and what was the balance amount remaining to be paid by the Complainant.