HARISH TANDON,J. - (1.) This revisional application is directed against judgment and order dated 28th April 2010, passed by the State Consumer Dispute Redressal Commissioner (State Commission), in S.C. Case No. F.A/216 of 2010, modifying the judgment and order dated 22nd January 2010 passed by the District Consumer Disputes Redressal Forum (District Forum) in D.F. Case No. 244/2007.
(2.) The opposite party No. 1, being the intending purchaser of a flat constructed by the petitioners on the strength of an agreement for development, entered an agreement with the petitioners as 'Developer' and the owners of the property. An agreement for sale was executed by the petitioners, which culminated into execution and registration of the deed of sale by the petitioners in favour of the opposite party No. 1.
(3.) A complaint case is filed by the opposite party No. 1 alleging that in spite of execution of the deed of sale, possession was not handed over. However, a defence is taken by the petitioners that full consideration money was not paid by the opposite party No. 1 inasmuch as two cheques for Rs. 1 lakh each, issued by the opposite party No. 1 in favour of the petitioners, were dishonoured. It is a further case made out by the petitioners that stamp duty and other incidental charges were borne by them, which have also not been paid by the opposite party No. 1. Lastly, it is contended that a civil suit, being Title Suit No. 222 of 2008, has been filed against the opposite party No. 1 before the learned Civil Judge (Junior Division) at Barasat which is still pending.;