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R.K.AGRAWAL, M.SHREESHA
Merlin Projects Ltd. – Appellant
Versus
Pandav Roy – Respondent


Counsel for the Parties:
For the Appellants:Mr. Nakul Dewan, Mr. Neelu Mohan and Mr. Abhijeet Sinha, Advocates
For the Respondent Nos.1 and 2:Mr. Kunal Chatterji, Advocate
For the Respondent No.3:Mr. O.P. Gaggar and Mr. Gautam K. Deka, Advocates (UBI).

ORDER

M. Shreesha, Member—Challenge in this First Appeal under Section 19 of the Consumer Protection Act, 1986 (for short the “Act”) is to the order dated 10.04.2017 passed by the West Bengal State Consumer Disputes Redressal Commission, (for short “the State Commission.”) in CC No. SC/07/O/2007.

2. By the impugned order, the State Commission has allowed the Complaint and directed the First and Second Opposite Parties to pay a sum of Rs.50,00,000/- in lieu of the subject property within a period of 60 days from the date of order failing which it would carry interest @ 9% p.a. from the date of order till its full realization. The State Commission had also directed to pay a sum of Rs.10,00,000/- towards compensation and an equal amount towards costs to be payable within 30 days from the date of order, in default the said amount would also carry interest @ 9% p.a. from the date of order till realization.

3. Succinctly put, the facts of the case are that Mr. Pandav Roy and his father Mr. Partha Roy (hereinafter referred to as “the Complainants”) had entered into an Agreement on 01.05.2003 with Merlin Projects Ltd. (hereinafter referred to as “the First Opposite Party”) to purchase a Ro



























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