First Appeal No. A/1362/2015. Case: Manju Rani Patra Vs Anjali Adak and Ors.. West Bengal State Consumer Disputes Redressal Commission
|Case Number:||First Appeal No. A/1362/2015|
|Party Name:||Manju Rani Patra Vs Anjali Adak and Ors.|
|Counsel:||For Appellant: Salil Kumar Maiti and Amarjyoti Burman, Advocate and For Respondents: Keka Chakraborty and Anita Basu, Advocates|
|Judges:||Samaresh Prasad Chowdhury, (Presiding Member)|
|Issue:||Consumer Protection Act, 1986 - Sections 12, 15|
|Judgement Date:||March 29, 2017|
|Court:||West Bengal State Consumer Disputes Redressal Commission|
Samaresh Prasad Chowdhury, (Presiding Member), (Kolkata)
The instant Appeal under Section 15 of the Consumer Protection Act, 1986 (hereinafter referred to as 'the Act') is at the behest of the Complainant Smt. Manju Rani Patra to impeach the Judgement/Final Order dated 02.11.2015 passed by the Ld. District Consumer Disputes Redressal Forum, North 24 Parganas at Barasat (for short, Ld. District Forum) in CC/124/2015. By the impugned order, the Ld. District Forum allowed the complaint initiated by the appellant under Section 12 of the Act on contest against respondent Nos. 2 to 2E and ex-parte against respondent No. 1 with certain directions - (a) OPs to deliver possession of 'B' schedule flat as per schedule 'D' (specification) to the complainant; (b) OPs to execute and register the Deed of Conveyance; (c) OPs to pay rent for the accommodation used by the complainant; (d) OP Nos. 2 to 2E to pay compensation of Rs. 15,000/- and litigation cost of Rs. 5,000/- from the date of order otherwise OPs shall have to pay a sum of Rs. 100/- per day from the date till its realisation as punitive damages.
The Appellant herein being Complainant lodged the complaint stating that on 18.10.2012 she has entered into an agreement with the developer to purchase of a flat measuring about 474 sq. ft. with 20% super built up area on the 2nd floor at Premises No. 45, Deshbandhy Road(east), P.S.- Baranagar, Kolkata - 700035, Dist- North 24 Parganas at a total consideration of Rs. 2,84,400/-. The complainant asserted that her husband Arun Kumar Patra who was a tenant in the said premises died on 19.07.2012. It was agreed that the complainant will vacate the tenanted portion within 15 days from the date of payment of temporary accommodation for 11 months at Rs. 4,000/- i.e. Rs. 44,000/- otherwise she was bound to pay Rs. 1,000/- per day. The developer agreed to handover the subject flat within 18 months and in default the developer shall pay penalty of Rs. 1,000/- per day. The complainant alleged that after expiry of stipulated period of 18 months on 30.04.2014, she has made request to the developer to deliver possession and in this regard all her attempts including legal notice went in vain despite of the fact that she has already paid Rs. 2,00,000/- as part consideration amount and was ready to pay the balance consideration amount. Hence, the appellant approached the Ld. District Forum with prayer for certain reliefs, viz - (a) to direct the OPs to...
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