THINKERS HOUSE Vs. SWAPANAPURI FLAT OWNERS ASSOCIATION

JUDGEMENT

(1.) Heard the Learned Counsel for the parties and perused the impugned order passed by the West Bengal State Consumer Disputes Redressal Commission (for short the State Commission), wherein the Appeals, preferred by the Flat Owners Association (the Complainant before the District Forum) and M/s Thinker's House and its Directors (Opposite Parties before the District Forum), have been dismissed.

(2.) Learned Counsel for the Petitioner submitted that the Complainant Association is liable to pay the costs of extra work done by the Petitioner in respect of the flats in question and the deed of conveyance can only be executed only after the payment towards extra work has been made.

(3.) The Learned Counsel for the Complainant Association, however, submitted that no such plea of having carried on the extra work was ever raised by the Petitioner either in the written version filed before the District Forum or at the time of arguments before the District Forum as also in the Appeal preferred before the State Commission and, therefore, the question of having done any extra work in the flats in question does not arise.