27.03.2015.

MRIDULA ROY, MEMBER.

The instant revisional application is directed against an order being No. 6 dated 05.06.2014 passed by the Ld. District Forum, South 24 Parganas in complaint case being No. 93/2014 rejecting the petition filed by the O.P. challenging the maintainability of the complaint case on contest without cost fixing 16.06.2014 for exparte evidence and argument mentioning that the O.P. appeared on 24.04.2014 but did not file the W. V. since then and as such, the statutory period was over.

Being aggrieved by the impugned order the O.P. has preferred the instant Revisional Application.

The Complainant has filed a complaint case before the Ld. District Forum against the developer with whom she entered into an Agreement for Sale dated 20.02.2009 to develop a plot of land, inspite of receiving the booking amount and instalment amount for consideration did not take any step to develop the proposed project.  The Complainant further alleged that the Managing Director of the O.P. – Complany subsequently intimated that instead of development of plot of land the O.P. – company started a residential commercial project and proposed the Complainant for taking a flat instead of the plot of land to which the Complainant agreed but the proposed flat too had not been delivered to the Complainant.  The Complainant prayed for direction upon the O.Ps to deliver possession and to execute and register the Deed of Conveyance in respect of the plot of land as per agreement dated 20.02.2009 alternatively, to refund the deposited amount with interest @ 18% p.a. and to pay compensation to the tune of Rs.2,00,000/-.

In course of hearing of the Revisional Application the Ld. Advocate for the Revision Petitioner has submitted that the Ld. District Forum has observed on 05.06.2014 that the statutory period (for filing W.V.) was over as the O.P. had appeared on 24.04.2014 and as such there was no scope for granting time for filing W. V.  It is contended that from the statutory provision it would appear that 45 days are to be granted for filing W. V. but in the instant case the same has not been done and, therefore, the impugned order should be set aside. 

Ld. Advocate for the Respondent has submitted that the Revision Petitioner has prayed only for direction for giving opportunity for filing W. V. and no other point has been agitated.  

Having heard submissions made by the parties we are inclined to allow the instant Revisional Application in the interest of justice.

Hence, ORDERED, that the instant Revisional Application is allowed on contest subject to payment of cost of Rs.2,500/- to be paid by the Revision Petitioner to the Respondent – Complainant which is a condition precedent to the filing of W. V. before the Ld. District Forum.  The impugned order is set aside.  The Ld. District Forum is directed to give an opportunity to the Revision Petitioner i.e. O.P. of the complaint case and thereafter to proceed with the case in accordance with the law.