AMAL KUMAR MUKHERJEE Vs. TARAK NATH SARKAR

JUDGEMENT

(1.) Present Revision Petition has been filed by the Petitioners/Opposite Parties against the impugned order dated 02.12.2016, passed by West Bengal State Consumer Disputes Redressal Commission at Kolkata (for short, 'State Commission') in First Appeal No.A/1036 of 2015.

(2.) Brief facts of the case as per the Respondent No.1/Complainant are that Petitioners/Opposite Parties No.1 and 2 entered into an agreement for sale with the Respondent No.1 on 18.04.2011 for selling one flat of super built up area measuring 660 Sq. feet after completion of the building within 18 months at a cost of Rs.8,00,000.00. On the basis of the agreement, Respondent No.1 paid a sum of Rs.1,50,000.00 in cash on the date of execution of the agreement for sale and thereafter paid Rs.50,000.00 on 29.06.2011, which was duly received and accepted by the Petitioners with an undertaking to sell a flat mentioned in the schedule B. An unregistered agreement was made to sell out 660 sq. ft. flat @ Rs.1,200.00 per sq. ft. totalling a sum of Rs.8,00,000.00 inclusive 20% super built up area and a part of the staircase.

(3.) Respondent No.1 stated that when the building in question was in the verge of the completion including the flat concerned, he met with the Petitioners and requested them to execute a Registered Sale Deed of the said flat in the name of the Respondent No.1 after receiving the balance consideration money and to give him possession of the said flat. Petitioners requested for some more time for completing of the flat and the building. Respondent No.1 again approached the Petitioners on 02.01.2013 requested them to give possession of the flat as also to receive the balanced consideration. Petitioners again asked for further time. The Respondent No.1 suspecting some foul play, made a complaint to the Police Station Barannagar vide GD No.169 dated 02.10.201 Thereafter, he came to know that the Petitioners were going to hand over and execute the registered sale deed in respect of the said flat illegally to some other purchaser on a higher consideration depriving the Respondent No.l of the said flat. He again met with the Petitioners on 28.11.2013 and 02.01.2014 to tender the balance amount of Rs.6,00,000.00 and to demand the possession of the flat as also execution of the registered sale deed. The Petitioners then told him that they would neither execute the sale deed nor give the possession. Hence, the Respondent No.1 filed a Consumer Complaint before the District Forum with following prayers :-