RATHINDRA CHAKRABARTY Vs. DINESH SIKDAR

JUDGEMENT

(1.) This Review Petition has been filed under Sec. 21(1)(b) of the Consumer Protection Act, 1986 (in short, the 'Act') against order dtd. 9/2/2017 in First Appeal No. 1150 of 2015 of the West Bengal State Consumer Disputes Redressal Commission, Kolkata (in short, 'State Commission') dismissing the appeal filed against order dtd. 29/1/2015 in CC No. 379 of 2014 of the District Consumer Disputes Redressal Forum, 24 Parganas, Barasat (in short, the 'District Forum').

(2.) We have heard the learned counsel for the parties and perused the records.

(3.) Briefly put, the admitted facts of the case are that an Agreement was executed between the parties on 25/3/2012 regarding the construction of a two storied building by the respondent herein for the petitioner on land purchased from the respondent. Agreement, titled 'Contract Paper' on the letter head of respondent required the respondent to obtain a sanctioned plan from the Barasat Municipality. Some details regarding payments and description of work also find mention in this document. A document purported to be the monthly payment of Rs.10,000.00 totalling to Rs.1,40,000.00 made by the petitioner to the respondent commencing from May 2012 till June 2013 has been filed by the petitioner. The same is not denied by the respondent. The building was completed and handed over to the petitioner who has thereafter raised issues of poor quality of construction and lack of building plans from the concerned Municipal authorities.