(1.) The present Revision Petition (RP) has been filed by the Petitioner against Respondents as detailed above, under Sec. 21(b) of Consumer Protection Act, 1986, against the order dtd. 21/9/2016 of the State Consumer Disputes Redressal Commission, West Bengal (hereinafter referred to as the 'State Commission'), in First Appeal (FA) No. A/298/2016. Although in the RP it is mentioned that RP is against judgment and order dtd. 21/9/2016 passed by State Commission in FA No. A/298/2016, whereby State Commission affirmed the order dtd. 24/3/2014 passed by District Consumer Disputes Redressal Forum, Howrah, West Bengal (hereinafter also referred to as District Forum), a perusal of the order of State Commission dtd. 21/9/2016 show that challenge in FA No. A/298/2016, which was under Sec. 27A of Consumer Protection Act, 1986, is to Order No. 30 dtd. 24/2/2016 and Order No. 31 dtd. 9/3/2016 passed by District Forum in EA No. 72/2014 arising out of CC No. 293/2013 decided by District Forum on 24/3/2014. No doubt in the main RP, the petitioner has given requisite detail of EA/72/2014 and Appeal No. A/298/2016 having been filed against order dtd. 9/3/2016 in EA/72/2014. Hence, the instant RP is taken as having been filed against FA No. A/298/2016 in which order No. 30 dtd. 24/2/2016 and order No. 31 dtd. 9/3/2016 passed by District Forum in EA/72/2014 in CC/293/2013 were challenged.
(2.) Brief facts of the case, as stated in the order of State Commission are reproduced below:
(3.) We have carefully gone through the orders of State Commission, District Forum in CC as well as in EAs, agreement and other relevant records. The petitioner herein (Appellant before State Commission and OP-9 before the District Forum) are not disputing their obligation under the agreement dtd. 26/2/2010, vide which a flat measuring about 1000 sq.ft. at the Southern side of 3rd floor of Plot No. 77/1, along with a garage of 180 sq.ft., as described in Schedule B, has been sold by Petitioner herein to the Respondents herein and Petitioner received Rs.4.00 lakhs as earnest money out of the total consideration of Rs.12,16,000.00. Schedule B of the Agreement is reproduced as under:-