First Appeal No. FA/972/2014 (Arisen out of Order Dated 20/08/2014 in Case No. CC/82/2014 of District North 24 Parganas). Case: N.S.B. Developers and Ors. Vs Sumit Roy Choudhury. West Bengal State Consumer Disputes Redressal Commission
| Case Number | First Appeal No. FA/972/2014 (Arisen out of Order Dated 20/08/2014 in Case No. CC/82/2014 of District North 24 Parganas) |
| Counsel | For Appellant: Tarunjyoti Banerjee and Nilanjan Das, Advocates and For Respondents: Rajesh Biswas, Advocate |
| Judges | Samaresh Prasad Chowdhury, (Presiding Member) |
| Issue | Consumer Protection Act, 1986 - Sections 12, 15 |
| Judgement Date | April 05, 2017 |
| Court | West Bengal State Consumer Disputes Redressal Commission |
Order:
Samaresh Prasad Chowdhury, (Presiding Member), (Kolkata)
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The instant appeal under Section 15 of the Consumer Protection Act, 1986 (hereinafter referred to as 'the Act') is at the instance of Opposite Parties to impeach the Judgement/Final Order dated 20.08.2014 passed by the Ld. District Consumer Disputes Redressal Forum, North 24 Parganas at Barasat (for short, Ld. District Forum) in Consumer Complaint No. 82/2014. By the impugned order, the Ld. District Forum allowed the complaint lodged by the respondent Sri Sumit Roy Choudhury under Section 12 of the Act on contest with direction upon the opposite parties/appellants to execute and register the Sale Deed within 30 days or to refund the amount with interest @ 12% p.a. till final payment, to pay compensation of Rs. 1,00,000/- etc.
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The Respondent herein being Complainant lodged the complaint stating that on 30.04.2013 he entered into an Agreement for Sale with the opposite parties to purchase of a flat measuring about 587 sq.ft. being Flat No. C6 on the 2 floor in the multi-storied building under the name and style "Neelima Heights" lying and situated at RS Plot Nos. 479 & 480 under Mouza-Jugberia, P.S. Ghola, Dist-North 24 Parganas at a total consideration of Rs. 11,00,000/-. Complainant has stated that as per terms of the agreement, he has paid Rs. 2,45,654/- as part consideration amount but could not obtain loan from the bank on account of defect in mutation of land etc. and in this regard all the requests of complainant was turned down. However, the complainant submits that he was ready and willing to pay the balance consideration amount subject to clearance of the title by way of mutating the name of OP No. 2 as the present owner of the land. Finding no other alternative, the respondent approached the Ld. District Forum with prayer for certain reliefs including execution and registration of Sale Deed in respect of the subject flat or to refund the entire part considering amount paid by him with interest.
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The appellants being OP Nos. 1 & 2 by filing a joint written version have stated that the Complainant has failed and neglected to make payment in terms of the payment schedule and thereby defaulted in payment of consideration amount. It has further being stated that there was no stipulation in the agreement that the complainant would pay the consideration amount after receipt of loan from the bank and as such the complaint should be dismissed.
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After hearing both...
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