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INDER JIT SINGH
Deputy Secretary, Kolkata Metropolitan Development Authority, Estate (M & M) Unit, K. M. D. A. – Appellant
Versus
Swami Anand Giri – Respondent
ORDER
The present Revision Petition (RP) has been filed by the Petitioners against Respondents as detailed above, under section 58 1 (b) of the Consumer Protection Act against the order dated 18.07.2022 of the State Consumer Disputes Redressal Commission West Bengal (hereinafter referred to as the ‘State Commission’), in First Appeal (FA) No.07 of 2022 in which order dated 08.11.2021 of District Consumer Disputes Redressal Forum (hereinafter referred to as District Forum) in Consumer Complaint (CC) no. 395 of 2017 was challenged, inter alia praying for setting aside the order dated 18.07.2022 of the State Commission.
2. While the Revision Petitioners (hereinafter also referred to as OPs) were Appellants before the State Commission and OP No. 1 and 3 before the District Forum, the Respondent No.1 herein (hereinafter also referred to as Complainant) was also the Respondent no.1 before the State Commission and Complainant before the District Forum. Further, Respondent No.2 herein (Proforma Respondent as per memo of parties) i.e. The Secretary Barrackpore LIG / MIG Cooperative Housing Society was Respondent no.2 before the State Commission and OP No.2 before the District Forum.
3. Noti
(1) Statutory Authority – State Government / or KMDA which is a statutory authority of the State Government, cannot through a subsequent policy alter the conditions of original allotment on the basic....
Government policies cannot be applied retrospectively to invalidate pre-existing rights or contractual obligations, ensuring fairness and legal certainty.
The distinction between sale and lease under the Transfer of Property Act was crucial, as the respondent's leasehold rights limited its ability to execute a sale deed.
The court established that acceptance of delayed payments by the State constituted a deemed extension of time for contract performance, reinforcing the obligation to execute lease deeds.
Consumer Commission retains jurisdiction over complaints despite IBC proceedings, affirming consumer rights in property allotment without requiring a physical allotment letter.
The court affirmed that a unilateral deemed conveyance can be granted under MOFA despite ongoing litigation, as the statutory rights of flat purchasers are not extinguished by an auction sale.
The Competent Authority's failure to ensure service of notice and adherence to natural justice principles invalidates the ex parte decision regarding Unilateral Deemed Conveyance.
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