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R. K. AGRAWAL, S. M. KANTIKAR
Deb Construction – Appellant
Versus
Sukumar Paul – Respondent
ORDER
R.K. Agrawal, J., President—This Revision Petition has been filed by Deb Construction, Opposite Party No.1 in the Complaint (hereinafter referred to as the Developer), against the Order dated 02.12.2015, passed by the West Bengal State Consumer Disputes Redressal Commission at Kolkata (hereinafter referred to as the State Commission) in First Appeal No. A/1321/2014. By the Impugned Order, while affirming the Order dated 30.10.2014, passed by the District Consumer Disputes Redressal Commission, South 24 Parganas at Alipore, Kolkata (hereinafter referred to as the District Commission) in Consumer Complaint No. 189 of 2014, preferred by the Complainant/Respondent No.1 herein, the State Commission has dismissed the Appeal, preferred by the Developer, with costs of Rs.10,000/- to be paid by the Developer to the Complainant/Respondent No.1.
2. While proceeding ex-parte against Opposite Parties No. 2 and 3, who are Respondents No. 2 and 3 respectively in the present Revision Petition, the District Commission had allowed the Complaint, preferred by the Complainant/Respondent No.1 herein, and directed the Opposite Parties, including the Developer, to execute and register the Conveyanc
Documentary Evidence – The onus of establishing that the Complainant was dealing in real estate i.e. in the purchase and sale of plots/ flats in his normal course of business to earn profits, shifts ....
Deficiency in Service – Deficiency in service is manifest as possession has not been offered by the respondents despite payment of nearly 90% of the consideration agreed upon between the parties.
Limited Jurisdiction – Commission’s revisional Jurisdiction is limited. Since there were concurrent findings of fact regarding the deficiency of service by both lower courts, and no jurisdictional er....
(1) Jurisdiction of the Consumer Fora under the Consumer Protection Act, 1986, is not barred merely because there is a Clause of Arbitration in the Agreement entered into between the parties.(2) Opp.....
1) Alleged delay in renewal of the licence from Directorate of Town & Country Planning, Haryana does not justify the delay in completion of construction2) Do not find any force in defence taken by Op....
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