PRASENJIT MANDAL, J. - (1.) CHALLENGE is to the Order dated February 21, 2013 passed by the Hon'ble State Consumer Disputes Redressal Commission, West Bengal in S.C. Case No.F.A./387/2012 arising out of the judgment and order dated June 8, 2012 passed by the learned District Consumer Disputes Redressal Forum, South 24 Parganas in C.C. Case No.78 of 2010.
(2.) THE complainants/opposite parties herein instituted a complaint under Section 12 of the Consumer Protection Act, 1986 contending, inter alia, that an agreement for development of the land of the complainants was held on November 24, 2003 between the complainants and the petitioner herein upon certain terms and conditions, inter alia, that the owners of the land would get 38% of the total constructed area and the developer to furnish completion certificate in respect of the building, drainage, sewerage, etc. The development of the land of the complainants had been done accordingly. But, the possession of 38% of the total constructed area and the completion certificate had not been delivered to the complainants. Under the circumstances, the said complaint was filed before the learned District Forum. The petitioner did not contest the said complaint case before the learned District Forum and so, the learned District Forum decreed the complaint granting allocation of shares as per agreement and for a direction for issuance of certificates by the developer in favour of the complainants.
(3.) BEING aggrieved by the said ex parte order of the learned District Forum, the petitioner preferred an appeal being S.C. Case No.F.A./387/2012 before the Hon'ble State Consumer Disputes Redressal Commission, West Bengal (henceforth shall be called as 'State Commission').;