TINKU DEY Vs. PROVASH CHANDRA KAR

JUDGEMENT

(1.) We have heard the learned counsel for the parties and perused the impugned order dated 11.05.2017 passed by the State Consumer Disputes Redressal Commission West Bengal (hereinafter referred to as 'the State Commission'), whereby the appeal was disposed of with certain modifications in the order passed by the District Consumer Forum. The modification was to the effect that the complainants - respondents no. 1 and 2 shall pay balance consideration of Rs. 6,50,000/- in place of Rs. 5,50,000/- and further the appellant therein shall have no obligation to pay Rs. 100/- per day as punitive damages.

(2.) The learned counsel for the petitioner submitted that the State Commission has wrongly arrived at a finding and the conclusion that the petitioner are liable to pay balance consideration of Rs. 6,50,000/- in place of Rs. 5,50,000/-, whereas in fact and from the documents on record, it would be fully established that the petitioners are liable to pay only a sum of Rs. 5,50,000/- and not Rs. 6,50,000/-.

(3.) Be that as it may, from a perusal of the impugned order, we find that the learned counsel who had appeared for the respondents no. 1 and 2 before the State Commission (respondents no. 1 and 2 are petitioners herein) have made a statement and admitted that an amount of Rs. 6,50,000/- is due and payable by them and on that basis, the State Commission has come to the conclusion that an amount of Rs. 6,50,000/- is due and payable as a balance consideration by the petitioners herein.