SAIBAL CHAKRABORTY Vs. APARNA CHATTERJEE

JUDGEMENT

(1.) CHALLENGE in this revision is to the order dated 28.7.2006 of State Consumer Disputes Redressal Commission West Bengal, Kolkata allowing appeal against the order dated 22.7.2006 of a District Forum and directing the petitioners to refund the amount of Rs.

(2.) ,00,000 together with interest @ 10% p.a. 2. Respondent has been handed over possession of the flat at Kalyani Abasan. Amount of Rs. 2,00,000 was advanced by the respondent for another flat No. 2B at Gobinda Abasan at Sonarpur. She was neither given possession of this flat nor the said amount refunded to her. It is the said amount along with interest for refund whereof the State Commission has made the order. Short submission advanced by Shri S. K. Ghosh is that the respondent has failed to prove that she was not given adjustment for Rs. 2,00,000 by the petitioners and order of State Commission is, therefore, not legally tenable. Order under challenge notices the defence taken by the petitioners that the said amount was incurred by them for extra work carried out in the flat at Kalyani Abasan. Order further notices that the petitioners for such extra work had neither adduced any evidence nor examined any expert giving the details of the cost of that extra work. Shri Ghosh does not dispute that evidence to the said effect was not adduced by petitioners. Onus to prove that extra work of Rs. 2,00,000 in the flat at Kalyani Abasan carried out was on the petitioners. In absence of evidence to the said effect, the State Commission had rightly passed the order for refund of said amount with interest. Revision petition is, therefore, dismissed being without any merit. Revision dismissed.