NEST Vs. RAJIV KUMAR SINGH

JUDGEMENT

(1.) This revision petition has been filed by the petitioners M/s. The Nest & Ors. against the order dated 02.08.2017 of the State Consumer Disputes Redressal Commission, West Bengal, (in short 'the State Commission') passed in FA No.1058 of 2013.

(2.) Brief facts of the case are that the respondent Nos.1 & 2 entered into an agreement for sale with the petitioners dated 4.4.2007 for a residential flat and a car parking. However, a separate agreement was also signed by the same parties dated 4.4.2007 for car parking. According to this agreement Rs.50,000/- was to be paid by the purchaser/respondent Nos.1 & 2 to the petitioners.

(3.) It is the case of the petitioners that respondent Nos.1 & 2 filed a consumer complaint before the District Consumer Disputes Redressal Forum, (in short 'the District Forum') being CC No.128 of 2008 in respect of delivery of possession of the flat. However, in this complaint, no prayer was made in respect of car parking. Learned counsel for the petitioners mentioned that in fact the cheque of Rs.50,000/-, which was given by the purchasers was not deposited in the bank and it was not encashed. In fact, there was subsequently an understanding between the parties that the car parking space would not be purchased by the purchasers and therefore, the original agreement for sale of car parking was torn. In a sense, when the original agreement was torn and cheque was not encashed, the understanding between the parties for cancelling the agreement to sell for car parking space was complete and final. The purchasers again filed a second complaint being CC 378 of 2012 before the District Forum for giving possession of the car parking space. The District Forum dismissed this complaint vide its order dated 19.9.2013. The complainants preferred appeal before the State Commission and the State Commission passed the following order:-