SWAPAN BERA Vs. SHYAMAL SENGUPTA

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 30.4.2008 passed by the West Bengal State Consumer Disputes Redressal Commission, Kolkata 700 027 (in short, 'the State Commission') in S.C. Case No. 165/A/2007 Swapan Bera Vs. Shyamal Sengupta & Anr. by which, while dismissing appeal, order of District Forum dismissing complaint was upheld.

(2.) Brief facts of the case are that complainant/petitioner's father entered into a joint-venture agreement dated 22.7.2002 with OP/respondents for construction of a multi-storeyed building on the said piece of land purchased by complainant's father. OP agreed to handover 5 flats in the new building to be constructed by OP on complainant's father's land. Father of the complainant before his death gifted two flats out of the said five flats to the complainant. Complainant's father died on 25.2.2006. Complainant alleged in the complaint that floor of the two flats became discoloured and due to leakage of pipeline and fittings of bath-room walls were damaged. Cracks developed in the ceilings. It was further alleged that certain works were also unfinished as per details given in the complaint. Alleging deficiency on the part of OP, complainant filed complaint and claimed Rs.3,00,000/- for repairs of two flats. OP contested complaint and submitted that father of the complainant was fully satisfied with the standard of construction and material used for construction and objections have been raised after 11/2 years from the delivery of possession only for harassing and prayed for dismissal of complaint. Learned District Forum after hearing both the parties dismissed complaint. Appeal filed by the complainant was also dismissed on the ground that complainant does not fall within the purview of consumer under the C.P. Act.

(3.) None appeared for the respondents even after service and they were proceeded ex-parte.