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2016 Supreme(Cal) 877

ASHOKE KUMAR DASADHIKARI
Md. Akbar Kamal – Appellant
Versus
Tabraiz Alam Siddiqui – Respondent


Advocates Appeared:
For the Petitioner:Bidhayak Lahiri, Advocate
For the Respondent:Devajyoti Barman, Advocate

JUDGMENT :

Ashoke Kumar Dasadhikari, J.

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 reservo



























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