Case nº Revision Petition No. 2649 of 2015 of National Consumer Disputes Redressal Commission, January 12, 2016 (case 1. Aloka Bhattacharjee & 6 Ors., 2. Smt. Aparna Bhattacherjee, 3. Sri Sudhansu Sekhar Bhattacherjee, 4. Sri Santi Pada Bhattacheryya, 5. Smt. Maya Roy, 6. Smt. Chayya Mukherjee, 7. Sh.Manoj Kumar Ghosh, 8. M/S Parivar Enclave, 9. Sh. Manoj Kumar Ghosh Vs 1. Bikash Hore & Anr., 2. Smt. Rikta Hore)

JudgeFor Appellant: Mr. Sukesh Ghosh, Adv.
PresidentMr. J.M. Malik, Presiding Member and Dr. S.M. Kantikar, Member
Resolution DateJanuary 12, 2016
Issuing OrganizationNational Consumer Disputes Redressal Commission

Order:

J.M. Malik

  1. Heard learned counsel for the petitioner.

  2. The complainants Sri Bikash Hore and Smt. Rikta Hore who are husband and wife entered into an agreement on 10.11.2000 with OP No.7 who is the developer. Opposite party Nos. 1 to 6 appointed the OP No.7 for making consideration of multi-storey building. They also executed power of attorney and appointed Mr. Manoj Kumar Ghosh as their lawful attorney conferring upon him the authority of right to sell. The complainants paid a sum of RS.1,90,100/- in 2009. The full consideration was paid. The complainants required the OPs to supply the copy of sanctioned plan but the needful was not done. Consequently, they asked for refund of the amount. The petitioners/OPs refunded a sum of Rs.64,200/- but did not pay the remaining amount of Rs.1,25,900/-. The specific contention raised by the complainants was that the OPs failed to deliver the copy of the sanctioned plan and under these circumstances, refund of money was sought.

  3. Having lost this case from the two Foras and after elapse of 16 years, the counsel for the petitioners submits that he is ready to furnish the sanctioned plan. He submits that the same has been produced on the record as well. The record reveals that there is nothing on the record to show that at the time of entering into the agreement, the copy of the sanctioned plan was also supplied. There is also nothing on record to show that at the time of returning sum of Rs.64,200/-, they furnished or signified their willingness to furnish the copy of...

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