RAVI MANNA Vs. BASUDEV KOLEY

JUDGEMENT

(1.) This Revision Petition has been filed by Petitioner against order dated 29.4.2013 passed by Learned State Commission in FA No. 176 of 2012- Sri Bishwadev Koley Vs. Sri Rabi Manna & Anr.; by which while allowing appeal, order of the District Forum dismissing complaint was set aside.

(2.) Brief facts of the case are that Complainant/Respondent was registered owner of the landed property as described in Schedule-A of the complaint. The Complainant entered into a development agreement with Opposite Party/Petitioner for construction of building on the aforesaid plot. Opposite Party offered to purchase entire property from the Complainant and deal was finalized on the condition that consideration would be Rs. 10.00 lakhs out of which Rs. 6.00 lakhs would be paid to the Complainant in cash and for the balance sum of Rs. 4.00 lakhs, flat measuring 500 sq.ft. to be constructed on this land, will be given to the Complainant by Opposite Party. The Opposite Party raised construction but refused to give flat to the Complainant in spite of repeated requests. Complainant filed civil suit before Civil Judge (Junior Division), Chandernagore, but, that was returned back for want of pecuniary jurisdiction. Alleging deficiency on the part of Opposite Party, Complainant filed complaint before District Forum. Opposite Party resisted complaint and denied all the allegations and submitted that there was no agreement to give flat of 500 sq.ft. to the Complainant. It was, further, submitted that civil suit was filed for specific performance which was returned back and did not file civil suit before appropriate court and consumer Fora has no jurisdiction to grant relief of specific performance and prayed for dismissal of complaint. Learned District Forum after hearing both the parties dismissed the complaint. Appeal filed by Complainant was allowed by Learned State Commission vide impugned order and directed Opposite Parties to pay Rs. 4.00 lakhs being value of agreed flat with compensation of Rs. 1.00 lakh and litigation cost of Rs. 40,000/- against which this Revision Petition has been filed.

(3.) Heard Learned Counsel for the parties finally at admission stage and perused record.