SAMIKSHA BHATTACHARYA, MEMBER

        This Appeal u/s 15 of the C.P. Act, 1986, has been filed by the Complainant against the order dated 28.11.17 passed by Kolkata Unit –III (South) in Complaint case No. CC/660/2017.

        The brief facts of the case are the Appellant / Complainant came to know from the brochure circulated and handed over by the Respondent/OPs that the Respondents going to sell various plots of land after its development by providing road, electricity, water supply, club , swimming pool etc. for construction of residential homes under the name and style ‘Golden Point Landcon Pvt Ltd’. and Appellant being allured and convinced about the facilities agreed to purchase a plot of land being Plot No. 297 , measuring about 2.5 cottah under Mouza Kalagachi , J.L No. 40 Touji No. 29 , Khaitan No. 402 , Dag No. 67 within ‘Puspakunja Township Project at Ashuti-2 Grampanchayat under T.S. Maheshtala at a total consideration of Rs. 5,62,000/- and accordingly entered into an agreement for sale on 06.02.14 on certain terms and conditions embodied therein.Thereafter Complainant paid entire consideration amount in due course of time. But , after registration of deed OPs neither developed the property nor took any necessary steps to provide other facilities . Hence, the Complainant, filed the complaint case before Kolkata Unit III (South) praying for direction upon OPs. either to deliver the possession of the developed plot after completion of all the development works as per agreement in favour of complainant and /or return the paid amount of Rs.5,25,000/- along with interest and compensation, cost.

        At the stage of admission hearing the complaint case was rejected on the ground that Complainant possessed the property and no question of refund arises since registration of land in favour of Complainant has been completed. But, Complainant prayed for delivery of the possession of the developed plot after completion of all the development work as per agreement in favour of complainant and /or return the paid amount of Rs.5,25,000/- along with interest and compensation, cost.

        Though the S/R was completed none appears on behalf of the OPs/Respondents before this Commission.  

        Ld. Advocate for Appellant submits that the order passed by the Ld. District Forum Unit III is misconceived, erroneous and contrary to law. At the time of hearing Ld. Advocate also submits that they had prayed for possession of the developed plot in favour of Complainant and for that reason his prayer was to set aside the impugned order dated 28.11.17 in CC /660/2017. Ld. Counsel also submitted that Ld. Forum has failed to exercise its jurisdiction.

        None appeared on behalf of OPs/ Respondent to counter the aforesaid submission of the Ld. Advocate for the Appellant despite receipt of notice as evident from Order No. 2 dated 28.05.2018 and Order No. 3 dated 22.06.2018 of this Commission implying that the above submission of the Ld. Advocate for the Appellant stands uncontroverted.

        Upon hearing of the submission of the Ld. Advocate on behalf of the Complainant we are in the view that Ld. District Forum should have first examine whether the OPs have given the possession of the land after completing the development work which was mentioned in the agreement.

        Consequently, the impugned order appearing to have been passed omitting the prayer of the Complainant. Thus the instant appeal is allowed ex parte and the impugned order is set aside. The complaint case is being remanded to the Ld. District Forum to decide the case afresh and Ld. District Forum will proceed with the adjudication of the complaint case concerned on merit.

        In view of the aforesaid conclusion we refrain ourselves from passing any opinion on other issues involved in the case.

        Both the parties are directed to appear before the Ld. District Forum on 27.02.19.

        The Registrar of the Commission is directed to send the copy of this order to the Ld. DCDRF, Kolkata Unit—III (South) for information.