- (1.) In this application under Article 227 of the Constitution of India the petitioner has challenged the order impugned dated 1st November, 2013 passed by the Ld. State Consumer Disputes Redressal Commission, West Bengal (for short the Ld. Commission) in FA 191 of 2012 thereby affirming the order dated 28th March, 2012 in Consumer Case No. HDF 116 of 2011 passed by the Ld. Consumer Disputes Redressal Forum, Howrah (for short the Ld. Forum).
(2.) The brief facts of the case are as follows:- a) That the present petitioner is the Opposite Party(OP) in the complaint filed before the Ld. Forum. The complainant is the OP in this application. The parties entered into a purported agreement dated 16th April, 2009. In terms of the said agreement it was, inter alia, recorded that the complainant would be allotted a residential flat of 305 sq. ft. on the 1st floor of premises no. 3, B. R. 6th Lane, Thana-Makua, Lichubagan, New Bosti, PO- Danesh Seikh Lane, PS- Sakrail, Dist.- Howrah (referred to in short as the said premises). The total consideration was fixed at Rs. 1, 57, 500/- out of which a sum of Rs. 50, 000/- was paid by the complainant to the OP. b) Thereafter, the complainant/OP took possession of the flat and spent further sum of money to complete the same. The petitioner having failed to register a deed of conveyance in favour of the complainant, he filed the instant complaint case no. 116 of 2011 before the Ld. Forum. c) The petitioner took the defense that no agreement of sale was executed between the parties. On the contrary the parties merely executed an agreement of tenancy and on the basis of such agreement of tenancy the complainant was allowed to enjoy the said flat. The petitioner has taken the further point that the purported agreement dated 16th April, 2009 is being wrongly shown by the complainant to be an agreement of sale. However, the petitioner has no intention of selling the said flat in favour of the complainant and had merely let out the same to the him. d) The Ld. Forum, Howrah was pleased to decide the said complaint case no. 116 of 2011 in favour of the complainant by, inter alia holding that the same is an agreement for sale. The Ld. Forum therefore directed the OP to register the deed of sale in respect of the said flat in favour of the complainant. The Ld. Forum also directed that the petitioner shall pay a compensation of Rs. 1 lakh to the complainant for his mental agony and a sum of Rs. 5000/- towards litigation costs. e) Being aggrieved the petitioner filed an appeal before the Ld. Commission against the order of the ld. Forum dated 28th March, 2012 and such appeal was registered as SC Case No. FA/191/2012.
(3.) By its order dated 1st November, 2013 the Ld. Commission was pleased to dismiss the appeal thereby affirming the order dated 28th March, 2013. While dismissing the appeal the Ld. Commission was pleased to, inter alia, reiterate that the agreement between the parties was an agreement for sale and not for tenancy.;