MALAY KUMAR DUTTA & ANR Vs. JAYANTA BHADURY

JUDGEMENT

(1.) Challenge in this Revision Petition under Section 21(b) of the Consumer Protection Act, 1986 (for short the "Act") is to the order dated 17.09.2013 passed by the West Bengal State Consumer Disputes Redressal Commission, in First Appeal bearing No. FA/203/2013. By the impugned order, the State Commission has allowed the Appeal preferred by Sh. Jayanta Bhadury, arrayed as the Opposite Party in the Original Complaint and set aside the order passed by the District Consumer Disputes Redressal Forum, Alipur, Kolkata and consequently dismissed the Complaint.

(2.) The facts in brief are that the Complainants entered into an Agreement with the Opposite Party on 20.11.2003 for purchase of a flat for a total consideration of Rs.8,00,000/- out of which the Complainants had paid an amount of Rs.7,56,000/-. It was averred that the Opposite Party had failed to deliver possession despite repeated requests and hence a Legal Notice dated 14.12.2010. There was no response regarding the delivery of possession, but an intention was expressed by the Opposite Party to refund the amount paid by the Complainants with interest within a period of six months written below the 'money receipt' dated 10.04.2010. It was pleaded that the small note was written illegibly and without the notice of the Complainants. It was averred that the Opposite Party was trying to rescind from the said Agreement for Sale on some false and frivolous pleas. Hence the Complainants approached the District Forum seeking the following reliefs:-

(3.) To pay a sum of Rs.15,000/- to the Complainants towards the cost for this litigation, and