M/S. R.S. CONSTRUCTION & 2 ORS. REP. BY ITS PARTNERS SEKH MAHAMMAD, ARIK SAMAN, VILLAGE KAPASHARIA, P.S. CHANDITALA, DISTRICT Vs. PULAK KUMAR GHOSH S/O. LATE KASHUNATH GHOSH, VILL. MONBER, P.O. MRIGALA, P.S. DANKUNI, DISTRICT

JUDGEMENT

(1.) This Revision Petition, under Sec. 21(b) of the Consumer Protection Act, 1986 (for short the Act ), has been filed by a real estate developer, the Opposite Parties in the Complaint, against the order dated 12.02.2016, passed by the West Bengal State Consumer Disputes Redressal Commission at Kolkata (for short the State Commission ) in First Appeal No. A/897/2015. By the impugned order, the State Commission has dismissed the Application, filed by the Petitioners seeking condonation of delay of 307 days in filing the Appeal, and consequently the Appeal as barred by limitation.

(2.) The Appeal had been preferred by the Petitioners, questioning the correctness and legality of the order dated 09.09.2014, passed by the District Consumer Disputes Redressal Forum at Hooghly (for short the District Forum ) in Complaint Case No. 98 of 2012, preferred by the Respondents/Complainants. By the said order, the District Forum, while holding that the Complainants were the consumers within the meaning under Sec. 2(1)(d) of the Act and there was deficiency in service on the part of the Petitioners in not delivering the possession of the flat purchased by them, has allowed the Complaint, with the directions that the Petitioners shall jointly and severally handover the flat at 3rd floor Front side of the suit premises, measuring 715 sq. ft. after completion of the same to the complainants; execute and register the Deed of Conveyance of the suit flat in the name of the complainants; pay a sum of Rs.10,000.00 as compensation for tremendous mental agony, harassment and financial loss of the complainants and Rs.3,000.00 as litigation cost. The District Forum had also directed the Complainants to jointly and/or severally pay Rs.9,50,000.00 to the Petitioners on or before the date of execution and registration of the Deed of Conveyance. The said directions were to be complied by the Petitioners jointly and/or severally within two months from the date of the order, failing which they were made liable, jointly and/or severally to pay @ Rs.100.00 per day to the complainants after completion of the stipulated period till full and final compliance of above all orders in its entirety, including registration of the Deed of Conveyance.

(3.) The occasion to file the Complaint arose under the following circumstances: