First Appeal No. FA/649/2013. Case: Bhomiya Commodities Pvt. Ltd. Vs Suprakash Roy and Ors.. West Bengal State Consumer Disputes Redressal Commission

Case NumberFirst Appeal No. FA/649/2013
CounselFor Appellant: Mir Anuruzzaman, Advocate and For Respondents: Sankar Prasad Dalapati, Advocate
JudgesSamaresh Prasad Chowdhury, (Presiding Member)
IssueConsumer Protection Act, 1986 - Sections 11, 11(1), 12, 12(1)(c), 15, 17, 21
Judgement DateMarch 28, 2017
CourtWest Bengal State Consumer Disputes Redressal Commission


Samaresh Prasad Chowdhury, (Presiding Member)

  1. The instant appeal under Section 15 of the Consumer Protection Act, 1986 (hereinafter referred to as 'the Act') is at the instance of Opposite Party the Landowner/Developer to impeach the Judgement/Final Order dated 27.08.2012 passed by the Ld. District Consumer Disputes Redressal Forum, South 24-Parganas at Alipore (for short, Ld. District Forum) in Consumer Complaint No. 113/2012. By the impugned order, the Ld. District Forum allowed the consumer complaint initiated by the Respondents under Section 12 of the Act with certain directions upon the Appellant like - (1) to complete the boundary wall, the main gate, lobby and also to hand over completion certificate to the Complainants within 2 months from date, (2) to pay compensation of Rs. 1,00,000/- for harassment and mental agony and (3) to pay Rs. 1,00,000/- for non compliance of terms and conditions of the agreement.

  2. The Respondents herein being Complainants lodged the complaint stating that they had entered into an agreement for sale with the Opposite Party to purchase different flats on different dates at Premises No. 14, khagendra Nath Sen Road, PS - Kasba, Kol - 700 042. On payment of full and final consideration the O.P executed Deed of Conveyances in favour of the Complainants in the year 2003 - 2004 in part compliance with the terms and conditions of the agreement and agreed to comply the remaining terms and conditions after few months from the date of execution of Deed of Conveyances. The Complainants alleged that they have made repeated request to the O.P to complete the deal as per terms of the agreement but no fruitful result yielded. Hence, the Respondents approached the Ld. District Forum for certain reliefs, viz. - (a) to direct the Appellant/O.P. to erect the boundary wall, to hand over completion certificate, to construct and hand over the community hall to the flat owners Association; (b) compensation of Rs. 5,00,000/- towards the financial loss and damages and (c) to pay compensation amounting to Rs. 10,00,000/- towards the loss and damages due to harassment and mental agony.

  3. The Appellant being landowner/developer did not contest.

  4. By the impugned order, the Ld. District Forum allowed the complaint ex parte against O.P/Appellant with cost of Rs. 10,000/- with certain directions as indicated above, which prompted the OP/developer to prefer this appeal.

  5. I have scrutinised the materials on record and...

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