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2011 Supreme(Cal) 1554

HARISH TANDON
Auro Developers – Appellant
Versus
Mala Mukherjee – Respondent


Advocates Appeared:
For the petitioner: Mr. Partha Pratim Roy Mr. S. Sinha Roy
For the Opposite parties: Mr. Aditya Kanodia Mr. S. Mukherjee

JUDGMENT

HARISH TANDON, J.:

This revisional application is directed against a judgment and order dated 9.7.2010 passed by State Consumer Disputes Redressal Commission, West Bengal in S.O. Case No RC/44/2010 by which the original complaint application is directed to be heard afresh.

Briefly stated the facts are that the Opposite Party Nos. 1 and 2 entered into an agreement dated 17.11.2005 with the petitioners and other opposite parties for purchase of a flat No. 4A, measuring more or less 1917 square fit super built up area comprising of the entire fourth floor together with an open terrace measuring 278 square fit and one car parking space measuring 135 square fit on the ground floor at premises No 487, Keyatala Road, Calcutta-700 029 at a consideration of Rs. 48,00,000/- (Forty Eight laks).

Thereafter they were intimated about the issuance of the completion certificate by the Kolkata Municipal Corporation with further demand for payment of the balance consideration money. The possession of the said flat was taken in the year 2007.

In the year 2009 the opposite party No. 1 and 2 initiated a proceeding under Section 12 of the Consumer Protection Act before the District Consumer Disp













































































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