MR. SHYAMAL KUMAR GHOSH, MEMBER

1. The instant Revision Petition has been filed by the Revisionists/Opposite Parties challenging the order impugned dated 15.07.2021 passed by the Ld. DCDRC, Kolkata Unit-I in connection with CC case being No. CC/118/2021 wherein  the Ld. DCDRC has been pleased to pass an order of ad interim injunction  and also to direct the Opposite Parties not to transfer any flat  or any portion of  alleged property  without permission  of this Commission.  Being aggrieved and dissatisfied with such order  the Revisionists/OPs  have preferred the instant Revision Petition before this Commission.
2. Ld. Advocate appearing for the OPs/Revisionists has argued that the ad interim order has been passed in respect of entire property which is clearly enumerated in the petition of complaint  as   A  Schedule property. B Schedule property   clearly enumerated in the petition of complaint  is exclusively allotted for the complainants.  After passing of the aforesaid order the OPs/Developer /Revisionists are suffering  a lot and thereby they are not able to construct the building /flat in question as well as they have failed to transfer any flat to any other  intending purchasers . Accordingly, the Ld. Advocate has prayed for  setting aside  the order impugned dated 15.07.2021.
3. Ld. Advocate appearing for the Complainants has argued that  the complainants has already paid Rs.40,00,000/- in respect of alleged flat  but the developer  has failed to demarcate or allocate  the flat  in favour of the complainant  in spite of receiving the consideration amount of Rs. 40,00,000/-.  The Ld. Advocate has further submitted that there was every chance to transfer the flat in question to any third party and as such  having heard the Ld. Advocate and upon careful perusal  of the relevant documents and paper , Ld. Trial Commission  has been pleased to pass  ad interim injunction  upon the  aforesaid flat in question.  There is no such wrong, error, mistake or any illegality in passing the order impugned dated 15.07.2021.  Accordingly, the Ld. Advocate appearing for the complainants has prayed for dismissal of the  aforesaid revision petition with exemplary cost.
4. We have heard the Ld. Advocates for both sides at length and in full.
5. We have considered their submissions.
6. We have meticulously perused all documents and papers lying with the  case record.
7. The hearing upon the revision petition has been concluded.
8. We have meticulously perused the order being no. 2 dated 15.07.2021 in connection with    CC case being No.  CC/118/2021 wherefrom it appears to us  that the OPs are restrained by  ad interim order of injunction not to transfer any flat or any portion of alleged property without permission of this Commission till 30.07.2021. The said order has been passed as per prayer B  of the petition of complaint.
9. We have carefully perused the  prayer B  of the petition of complaint wherefrom it appears to us that the   complainants have prayed for  ad interim injunction  as per  provision of Section 38 (8) of the Consumer Protection Act, 2019 over the entire property .
10. It is very correct and proper  that there may be a chance  to transfer the alleged flat  to any third party  and as such  ad interim injunction should be  passed for providing better protection to the complainants and  thereby  the OPs  should be restrained to that effect.   At this juncture  the ad interim injunction has been passed in respect of entire property and for that reason  the OPs/developer  have failed to construct their building as well as  they have failed to transfer the flat to any other intending purchasers. 
11. Upon the above observation ad interim injunction should be passed in respect of only B schedule property which has been exclusively booked for the complainants.  Due to injunction over the entire property  the OPs /developer are facing  a lot of problems.
12. Considering all aspect from all angles and keeping in mind  the present position of law, the ad interim injunction  is allowed  only for B schedule property  which has already been exclusively allotted  and booked for the complainants  and  the rest portion of the property  remains free from  ad interim  injunction . 
13. As per above observation the order being no. 2 dated 15.07.2021 is, therefore, modified to the above extent. The  other portion of the order impugned  remains unaltered.
14. The instant Revision Petition stands allowed in part on contest without any order as to costs.
15. The instant Revision Petition stands disposed of  as per above observation.
16. Note accordingly.
17. Let a copy of this order be transmitted to the Ld. Trial Commission for compliance and also for  taking  necessary action.