JUDGMENT :

Amrita Sinha, J.

The offer:

Kolkata Metropolitan Development Authority (KMDA for short) initiated a housing project viz. Barrackpore Housing Project Phase - II comprising of various flats/shops/offices including common area and garages. KMDA published a brochure mentioning in details about the location, scheme, amenities, price, eligibility criteria, application procedure, mode of allotment, service charge, home loan facility, refund/general information, documentation for transfer of the apartment on payment of entire sale price etc. An applicant could submit in filled application form/application money at the bank branches mentioned in the said brochure.

2. The brochure mentioned that the scheme envisaged the outright sale of 288 apartments. There was provision for outright payments scheme and instalment payment scheme. Selection of allottees and assignment of apartment to the allottees was to be decided by draw of lots. There was home loan facility which could have been availed from any nationalised bank and/or financial institutions subject to fulfilment of required financial criteria. It was mentioned that KMDA shall handover possession of the apartment to the allottees