- (1.) THIS revisional application has been preferred challenging the order dated 29. 1. 2007, as passed by the District Consumer Disputes Redressal forum, Alipore (hereinafter referred to as Forum), West Bengal in execution Case No. 17 of 2001 arising out of D. F. Case No. 357 of 2001.
(2.) CASE of the petitioner is that in the year 2000, the opposite party submitted a complaint under the Consumer Protection Act, 1986 (hereinafter referred to as the said Act) alleging therein that the complainant and the opposite party No. 1 entered into an agreement on 9. 6. 1995 for purchase of two residential flats, as described in the schedule of the said complaint, for a total consideration of Rs. 4,30,000/ -. The complainant alleged that he made payment of Rs. 2,68,000/- on different dates under proper receipts. In spite of such payment and the request by the complainant, the opposite party, the petitioner herein, failed to deliver possession of those flats by way of receiving the balance consideration amount. As such, the complainant had to file the complaint before the forum praying for appropriate reliefs.
(3.) THE opposite party did not contest the case although, the notice was received by him. As such, the case was disposed of ex parte whereby the prayer of the complainant was allowed and the opposite party was directed to deliver the flats in question in favour of the complainant by accepting the balance amount of consideration within 30 days from the date of receipt of the copy of the order failing which liberty was given to the complainant to execute such order in accordance with law.;