SANDHYA DEY Vs. KAPIL SEN
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Prem Narain, J. -
(1.) The present revision petition no. 2041 of 2019 has been filed by Smt Sandhya Dey against Shri Kapil Sen and two others against the judgment dated 06.06.2019 of the West Bengal State Consumer Disputes Redressal Commission, Kolkata ('the State Commission') in First Appeal no. 1342 of 2017.
(2.) The brief facts of the case are that the complainant/ respondent no.1 entered into an agreement on 26.02.2012 with the petitioner/ opposite party in the complaint for the purchase of self-contained flat. It was promised in the agreement that the sale of the flat will be done within 180 days of the agreement. The petitioner had entered into a development agreement with the developer who was to construct the whole building on the land given by the petitioner. The petitioner entered into an agreement to sell by selling the flats in the proposed share in the building. When the possession was not given by the petitioner to respondent no.1/ complainant, he filed a consumer complaint bearing no.16 of 2017 before the District Consumer Disputes Redressal Forum, North 24 Pgs, Barasat ('the District Forum'). The District Forum vide its order dated 24.11.2017 allowed the complaint as under:
"Going by the foregoing discussion hence it is ordered that the complaint is allowed on contest with cost against the OP-1 and dismissed on contest against the OP-2 and 3 without any cost. The OP-1 is hereby directed to deliver the possession in the questioned flat to the Complainant within 45 days from the date of passing of this order and register the deed of conveyance in respect of the said flat along with the entire specification as per the agreement for sale within one month from the date of passing of this order, in default the Complainant will be at liberty to approach before this Ld. Forum to get the registered deed of conveyance in his favour through the machinery of this Ld. Forum, in default the OP-1 shall refund of the entire amount to the complainant as paid by him along with interest @18% p.a. from the date making last payment towards the consideration amount till payment of the entire amount along with the abovementioned interest within two months from the date of passing of this judgment, in default the entire decreetal amount (Rs.8,01,000/-+ interest @18% p.a.) shall carry penal interest @20% p.a. for the default period, in default the OP-1 shall pay punitive damage for Rs.100/- per day, out of which 50% shall be paid to the complainant and the rest 50% to the SCWF. The OP 1 is also directed to pay litigation cost of Rs.2,000/- to the complainant within a period of 45 days from the date of passing of this judgment, in default the complainant will be at liberty to put the entire decree in execution".
(3.) Aggrieved by the order of the District Forum the petitioner herein/ OP no.1 preferred an appeal no.1342 of 2017 before the State Commission. The State Commission vide its order dated 06.06.2019 has partly allowed the appeal and observed as under:
"In view of the above, the impugned judgment/final order is modified to the extent that the appellant/ OP no.1 shall deliver possession and execute the sale deed in favour of respondent no.1/ complainant within 60 days from the date positively in default, the appellant/ OP no.1 shall refund Rs.8,01,000/- along with compensation thereon in the form of interest @10% per annum from the date of payment, i.e., from 25.02.2012 till its realisation. However, the litigation cost of Rs.2,000/- imposed by the District Forum is maintained".;
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