GREEN PEAK REALTY Vs. SWAPAN ROY

JUDGEMENT

(1.) These three Revision Petitions, under Section 21(b) of the Consumer Protection Act, 1986 (for short "the Act"), by a Real Estate Developer, namely Green Peak Realty, Opposite Party No.3 in the Complaints under the Act, are directed against separate orders, all dated 22.09.2017, passed by the West Bengal State Consumer Disputes Redressal Commission at Kolkata (for short "the State Commission") in First Appeals No.A/827/2015, A/828/2015 and A/830/2015 respectively. By the impugned orders, while affirming the finding returned by the District Consumer Disputes Redressal Forum, North 24 Parganas at Barasat (for short "the District Forum") in Complaint Cases No. 530/2013, 528/2013 and 494/2013 to the effect that there were deficiency in service on the part of the Petitioner in not executing the conveyance deed in respect of the flats allotted to Respondents No.1 herein, the State Commission has partly allowed the Appeals, preferred by the Petitioner to the extent that the compensation, costs of litigation and punitive damages, awarded by the District Forum in favour of the Complainants, have been set aside.

(2.) Hence, the present Revision Petitions.

(3.) The short ground on which the legality and correctness of the impugned orders is questioned by the Petitioner is that since the agreement for development of the land, owned by Respondents No. 2 and 3 herein, had been signed by the said Respondents also, the direction by the State Commission only to the Petitioner to execute and register the deed of conveyance in favour of the Complainants is vitiated. It is argued by the Learned Counsel that although the District Forum had directed the Petitioner as well as Respondents No. 2 and 3 to execute the said documents, the State Commission has varied the said direction to the detriment of the Petitioner.