Ashoke Kumar Dasadhikari, J. - (1.) Order impugned dated 24th March, 2014 passed in Complaint Case No. 126 of 2013 and Misc. Appeal No. 554 of 2013 by the learned State Consumer Disputes Redressal Commission, West Bengal at Kolkata is under challenge in this revisional application by the opposite party no. 3/petitioner herein and also challenging the maintainability of the Complaint Case No. CC/126/2013 on the ground of bar of jurisdiction of the Consumer Fora in the matter arising out of West Bengal (Regulation of Promotion of Construction and Transfer by Promoters) Act, 1993 [hereinafter referred to as the 'Act'].
(2.) A complaint case was filed by the opposite party no.1 being Tabaraiz Alam Siddiqui son of late Mazharul Haque Siddiqui before the learned State Consumer Disputes Redressal Commission, West Bengal to give the following directions upon the opposite parties/owners and promoters: 1. To deliver peaceful vacant possession of the flat as described in the schedule B below on receiving the balance payment of Rs. 59,625/- from the complainant and to execute a registered deed of conveyance in respect of the same. 2. For completion of construction of the underground water reservoir for storing municipal water. 3. Compensation to the tune of Rs. 10,00,000/- to be paid to the complainant for mental and physical agony since the complainant has been suffering for last couple of years. 4. Damages to the tune of Rs. 15,00,000/- which the complainant suffered due to non-availability of the suit flat and 5. Litigation cost of Rs. 50,000/- etc.
(3.) The petitioner has been served with the complaint application. He appeared before the learned State Consumer Disputes Redressal Commission, West Bengal through his learned advocate and filed one application on point of maintainability, which was registered as Misc. Appeal No. 554 of 2013.;