TANIA BOSE Vs. UDAY SHANKAR GHOSHAL

JUDGEMENT

(1.) The present Revision Petition is filed by the Petitioner under Section 21(b) of the Consumer Protection Act, 1986 against Order passed by the State Consumer Disputes Redressal Commission, West Bengal (hereinafter referred to as the "State Commission"?) in Appeal No. 305/2007 dated 18.03.2008.

(2.) In the Complaint Case, it was stated by the Petitioners/Complainants that in order to purchase the flat, Complainants entered into an agreement with the Respondent/Opposite Party on 06.05.2002. The Petitioners had paid a total of Rs.2,50,000/- to the Respondent but no receipt was given to the Petitioners. However, a new agreement was signed between the parties in July, 2002 in the name of Petitioners (Tania Bose and her Father) and the Respondent i.e. Sri Uday Shankar Ghoshal. The Petitioners stated in the Complaint that an amount of Rs.1,00,000/- was not paid to the Respondent. The Petitioners intentionally did not pay the said amount due to non-delivery of possession of the Flat and also for non-completion of many works as per schedule/ promise. A Complaint was, thus, filed by the Petitioners alleging deficiency of service on the part of the Respondent.

(3.) District Forum, vide order dated 31.07.2007, allowed the Complaint in part and directed Respondent to pay Rs.10,000-/- towards compensation for harassment within 30 days from the date of passing the judgement, failing which the Petitioners would be at liberty to seek execution.