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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 256 OF 2016
 
(Against the Order dated 02/12/2015 in Appeal No. 1321/2014 of the State Commission West Bengal)
1. M/S. DEB CONSTRUCTION
REPRESENTED BY ITS PROPRIETRESS SMT. SHARMILA MONDAL HAVING ITS OFFICE AT 242/5,B.B. CHATTERJEE ROAD, POLICE STATION KASBA
KOLKATA-700042
WEST BENGAL
...........Petitioner(s)
Versus 
1. SUKUMAR PAUL & 2 ORS.
S/O LATE DURGA CHARAN PAUL, RESIDING AT 35/B, N.K. GHOSHAL ROAD, GROUND FLOOR, POLICE STATION KASBA
KOLKATA-700042
WEST BENGAL
2. SMT. ANJALI BANERJEE
W/O DILIP BANERJEE RESIDING AT 127/1, B.B. CHATTERJEE ROAD, POLICE STATION KASBA
KOLKATA-700042
WEST BENGAL
3. SMT. SARMISTHA DUTTA
W/O SRI SAMARESH DUTTA, RESIDING AT Q.NO. D-20, ORIENT CEMENT COLONY P.O. DEVAPUR CEMENT WORKS MANDAL KASIPET, MANCHARIAL
DISTRICT-ADILABAD
TELANGANA
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R.K. AGRAWAL,PRESIDENT
 HON'BLE DR. S.M. KANTIKAR,MEMBER

For the Petitioner :
Mr. Vineet Kothari, Advocate
For the Respondent :
Mr. Anjon Kumar Dutta, Advocate &
Mr. Arun Kumar Mahapatra, Advocate for R-1
Ms. Sailja Kothari, Advocate for R-2 & 3

Dated : 14 Jun 2022
ORDER

R.K. AGRAWAL, J., PRESIDENT 

1.       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 ₹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 Conveyance Deed in respect of the property in question as per the Agreement and deliver possession within one month from the date of the Order, failing which the Complainant/Respondent No.1 was given liberty to initiate the Execution proceedings in accordance with law.  Further, the Developer was also directed to pay a sum of ₹3,000/- per month towards rental charge from the date of delivery of possession of tenanted portion till handing over of the flat in question and a sum of ₹50,000/- towards harassment and mental agony and ₹10,000/- as litigation costs.  The said amounts were directed to be paid within one month, failing which the Developer was directed to pay penalty @ ₹100/- per diem.   

3.       The brief facts as culled out from the Complaint are that Opposite Parties/Respondents No. 2 and 3 were Owners of the land situated at Premises No. 127/1, B.B. Chatterjee Road, Police Station Kasba, Kolkata, and the Complainant/Respondent No.1 was their Tenant in respect of two rooms, with kitchen etc. On 21.05.2005 Opposite Parties/Respondents No. 2 and 3 entered into a Development Agreement with the Developer, according to which a multi-storey building was to be built on the said land.  Then on 23.06.2007 an Agreement was entered into between the Developer and the Complainant/Respondent No.1 on certain terms and conditions. Inter alia, a residential flat free from all encumbrances, admeasuring 805 sq. ft. covered area, to be built in the building on the land, was to be given to the Complainant/

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