Subrata Talukdar, J.

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).

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 com