1. This appeal is directed against the order of the West Bengal State Consumer Disputes Redressal Commission, Commission, Kolkata (hereinafter referred to as “the State Commission) dated 18.12.2019 in CC/664/2018.

2. The State Commission took up for consideration application filed by the Complainant under Section 13 (3B) of the Consumer Protection Act , 1986 whereby the Complainant made a prayer to direct the Opposite Party not to cancel the allotment and not to transfer, sale or create any third party interest over the subject flat situated in Tower Maze at Greenwood Nest Complex at Plot No.3085, Mouza-Ghuni, Rajarhat, P.S.-New town, District North 24 Parganas till disposal of the Complaint. Having heard the respective parties and going through the record, the State Commission observed that the Complainant was successful in lottery for allotment of a flat measuring 807 sq. ft. at a price of Rs.13,95,000/-. However, due to non-fulfilment of the terms & conditions, Opposite Party No.1/Developer cancelled the agreement and refunded the amou