RATAN KUMAR MUKHOPADHYAY S/O LT KARUNA SEKHAR MUKHOPADHYAY Vs. AMIT BASU & 6 ORS S/O SAMIR KUMAR BASU

JUDGEMENT

(1.) The present revision petition has been filed against the judgment dated 29.12.2017 of the West Bengal State Consumer Disputes Redressal Commission, Kolkata ('the State Commission') in revision petition no.30 of 2017.

(2.) The facts of the case are that the complainant had initially filed a complaint against the opposite party in CC no. 47 of 2012 with regard to not getting the possession of flat at B 1, Kalipada Abasan, Post Office Ichapore-Nawabganj, Noapara, District North 24 Parganas, West Bengal. In the said complaint, he had raised the issue of fraud being practiced on him. The opposite party had claimed a considerable amount for stair case and garage and as he did not agree to pay more for the garage no garage was allotted to him. As per the agreement, the super built up area of the flat was 1145 sq ft. He alleged that in spite of making the full payment, the OP had not completed the work and he had not been given the possession of the said flat nor was the sale deed executed and registered.

(3.) The District Consumer Disputes Redressal Forum, North 24 Parganas, Barasat while allowing the complaint in their order dated 28.12.2012 had observed that the main grievance of the complainant was that the opposite party was trying to cheat the complainant by giving less area than agreed upon. The District Forum had observed as under: