PRADEEP KUMAR DIWAN Vs. GAYATRI DEVI CHOKHANI

JUDGEMENT

(1.) Revision Petition No. 2175 of 2013 has been filed by the petitioners/complainants against the order dated 18.4.2013, passed by West Bengal State Consumer Disputes Redressal Commission, Kolkata (short, "State Commission") in First Appeal No.161 of 2011.

(2.) The facts of the present case as per petitioners/complainants are that an agreement/contract was entered into between the land owners/vendors and developer and petitioners on 2.2.2006 for a self-contained flat on a total consideration of Rs.4,59,828/- measuring about 836 sq.feet (approx.) including 15% super built up at 1/7, Ganpat Rai Khemka Lane, P.O. Liluah, Dist. Howrah 711204, P.S. Liluah being flat No.1C on 1st floor with the facilities under the terms and conditions stated in the said agreement/contract dated 2.2.2006 and initially a sum of Rs.31,000 as Earnest Money was paid to the developer by cheque No.108750 dated 26.12.2005 drawn on Oriental Bank of Commerce, 32, Chowringhee Road, Kolkata 71 and the cheque was cleared from the Drawer's A/c and as per the terms of the said contract, the balance consideration amount had to be paid by the purchasers on transfer and possession of the said flat as well as the said building in finished condition including outside and inside common portions of cement plasters and colors. The said flat and building had to be delivered within three months from the date of this contract.

(3.) The said flat was booked by the petitioners for use by themselves as well as by their family members.