Case nº First Appeal Nos. 270, 271, 319, 320 of 2009 of National Consumer Disputes Redressal Commission, October 24, 2013 (case 1. Asim Kumar Chattopadhyay and Anr. and Sudhanshu Sekhar Patra and Anr., 2. Lakshmi Mukherjee and Ors. Vs 1. Lakshmi Mukherjee and Ors., 2. Sudhanshu Sekhar Patra and Anr. and Asim Kumar Chattopadhyay and Anr.)
|Judge:||For Appellant: Mr. Kunal Chatterjee and Ms. Mitrayee Banerjee, Advocates and Party-in-Person in FA Nos. 270-271/2009 and Mr. Sukumar Pattjoshi, Sr. Adv. and Mr. Sanjoy Kumar Ghosh, Mr. Prabir Basu and Ms. Rupali S. Ghosh, Advocates in FA Nos. 319-320/2009 and For Respondents: Mr. Sukumar Pattjoshi, Sr. Adv. and Mr. Sanjoy Kumar Ghosh, Mr. ...|
|President:||Vineeta Rai, Presiding Member and Vinay Kumar, Member|
|Defense:||Consumer Protection Act, 1986 - Section 14; Specific Relief Act 1963 - Section 12|
|Resolution Date:||October 24, 2013|
|Issuing Organization:||National Consumer Disputes Redressal Commission|
Vinay Kumar, Member
These four appeals arise from two very similar orders passed by the West Bengal State Consumer Disputes Redressal Commission in two independent complaints. SC Case No. 7/0/05 was filed by Mr. Asim Kumar Chattopadhyay with his wife as Complainant No. 2. SC Case No. 8/0/05 was filed by Dr. Sudhanshu Sekhar Patra with his wife as the second Complainant. Both complaints were against the same builders/OPs and were taken up for consideration together, by the State Commission. In both cases, the State Commission has made the following award:
In view of the delay in delivery of possession of the flat and withholding of other facilities including deed of conveyance leading to various proceeding including the present one compelling the complainants to suffer mental agony as also financial loss, OPs are liable to pay to the complainants compensation of Rs. 1,50,000. The OPs are liable to execute and register the deed of conveyance for the sale of the flats to the complainant as no defence has been shown for not doing the same as is required to be done under the agreement. The balance consideration, if any, may be adjusted against the total compensation payable.
We direct the OPs to pay further compensation of Rs. 1,50,000 on account of the motor garage to the complainants and consideration amount will be reduced by Rs. 1,00,000 at the agreed price.
The OPs are also directed to instal lift in the lift well constructed in the premises within a period of three months from this order.
The OPs are also directed to execute and register the deed of conveyance for the sale of the flats in favour of the complainants within two months from the date of this order and in default thereof the complaints will be entitled to get the conveyance registered through the machinery of the Forum.
The OPs are directed to pay litigation cost of Rs. 30,000 to the complainant.
All payments including compensation are to be made by OPs to complainants within 60 days from the date of this order and in default the complaints will be entitled to recover the same in accordance with law along with interest at the rate of 9% per annum for the period of default.
In the above back ground, the four appeals are taken up for disposal through this common order. During pendency of these appeals, OP No. 1, Nilmony Mukherjee, reportedly passed away on 8.11.2009. His legal representatives were, therefore, permitted to be brought on record. In another...
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