NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
Dr. Inder Jit Singh, Presiding Member
Deputy Secretary, Kolkata Metropolitan Development Authority, Estate (M & M) Unit, K.M.D.A. and Anr. – Petitioners
versus
Dr. Swami Anand Giri and Anr. – Respondents
Revision Petition No.994 of 2022
(Against the Order dated 18/07/2022 in Appeal No. 7/2022 of the State Commission West Bengal)
Decided on 9.7.2024

IMPORTANT POINTS
(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 right of the allottee to have a flat on free hold basis as against lease hold basis.
(2) Revisional Jurisdiction – Revisional jurisdiction of the National Commission is extremely limited, it should be exercised only in case as contemplated within the parameters specified in the provision.
(3) Second appellate Jurisdiction – It is only when such findings are found to be against any provisions of law or against the pleadings or evidence or are found to be wholly perverse, a case for interference may call for at the second appellate (revisional) jurisdiction.
(4) National Commission – In exercising of revisional jurisdiction, the National Commission has no jurisdiction to interfere with concurrent findings recorded by the District Forum and the State Commission, which are on appreciation of evidence on record.

Headnote:

Consumer Protection Act, 1986 – Section 21(b)[Consumer Protection Act, 2019 – Section 58(1)(b)] – Revision – Services – Allotment of Flat / Plot – Delayed Possession – Concurrent Findings of fact – Non-interference by National Commission – In the present case, it is not in dispute that original application was on free hold basis and it is only subsequently that based on fresh policy of the State Government, the Petitioner Development Authority (KMDA) has decided to do lease hold basis only – Although, a subsequent policy do envisage a situation of converting the lease hold basis into free hold basis subject to further payments and compliance of other conditions of the policy relating to conversion of lease hold basis to free hold basis, Commission held, 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 right of the allottee to have a flat on free hold basis as against lease hold basis. The State Commission has duly and appropriately considered the contentions of the parties in this regard. It has given a well reasoned order and Commission does not find any reason to interfere with its findings – Besides, revisional jurisdiction of the National Commission is extremely limited, it should be exercised only in case as contemplated within the parameters specified in the provision i.e. when State Commission had exercised a jurisdiction not vested in it by law or had failed to exercise jurisdiction so vested or had acted in the exercise of its jurisdiction so vested or had acted in the exercise of its jurisdiction illegally or with material irregularity. It is only when such findings are found to be against any provisions of law or against the pleadings or evidence or are found to be wholly perverse, a case for interference may call for at the second appellate (revisional) jurisdiction. In exercising of revisional jurisdiction, the National Commission has no jurisdiction to interfere with concurrent findings recorded by the District Forum and the State Commission, which are on appreciation of evidence on record. There is no illegality or material irregularity or jurisdictional error in the order of the State Commission, hence same is upheld – Besides, the Hon’ble High Court of Calcutta has also directed KMDA on these lines. No doubt, KMDA is a statutory authority under the administrative control of the State Government, in view of the orders of this Commission read with order of the State Commission, they can take appropriate orders of the State Government to implement the order with respect to the registering the sale deed on free hold basis – Therefore, RP is dismissed. Petitioners herein are directed to implement the order of the State Commission within 45 days from today after obtaining requisite approvals from the State Government, as required. [Paras 10 to 15].

Result: Petition dismissed.