Sabyasachi Bhattacharyya, J. - (1.) The present application under Article 227 of the Constitution of India is moved against an order of the State Consumer Disputes Redressal Commission, West Bengal, partially affirming an order of the District Consumer Disputes Redressal Forum whereby the District forum granted specific performance of a development agreement.
(2.) The present opposite parties and their brother Ratneshwar, being the owners of a piece of land along with single-storied asbestos shed building pertaining to Municipal premises no. 16/1/H/48/8, Biplabi Barin Ghosh Sarani, Police Station - Manicktala, Kolkata - 700 067, entered into a development agreement on August 14, 2009 with the present petitioner, who is a developer. Subsequently the present opposite parties lodged a complaint with the Calcutta District Consumer Disputes Redressal Forum, Unit - II, claiming a direction on the present petitioner to hand over the room in question and pay the balance amount of Rs. 1 lakh in terms of the agreement, along with Rs. 10,000/- as compensation for harassment, etc.
(3.) The present petitioner filed a written objection, thereby inter alia alleging that subsequent to the development agreement, he learnt that the property was a thika tenancy and hence could not be transferred due to the bar under Section 5 (4) of the West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001. As such, the consumer forum proceeding was not maintainable. This apart, the present petitioner also took the defence of limitation and that the complainants were not consumers under the Consumer Protection Act, 1986.;