M. Shreesha, Member.—Challenge in this Revision Petition under Section 21(b) of the Consumer Protection Act, 1986 (for short the “Act”) is to the order dated 03.07.2018 passed by the West Bengal State Consumer Disputes Redressal Commission, in First Appeal bearing No. A/526/2017. By the impugned order, the State Commission has allowed the Appeal preferred by the Complainant by holding the Complainant ‘Consumer’ within the meaning of Section 2(1)(d) of the Act and remanded the matter back to the District Consumer Disputes Redressal Forum, South 24 Pargans (for short “the District Forum”) for re-adjudicating the case.

The facts in brief are the Complainant, landowner of a piece of land measuring an area of 200 sq. m. on premises No.R-1/1, Baishnabghata–Patuli, P.S. Patuli, Kolkata within the legal limits of Kolkata Municipal Corporation (KMC) entered into a Development Agreement with the Opposite Party to construct a four-storied building over the subject property. As per the terms of the Agreement, the land-owner was entitled to get 40% of the constructed area in the proposed building. Accordingly, the Opposite Party obtained the sanctioned building plan from KMC on 08.04.2004.