First Appeal No. FA/618/2014 (Arisen out of Order Dated 13/05/2014 in Case No. CC/508/2013 of District South 24 Parganas). Case: S.G. Construction Vs Kishore Kumar Basu and Ors.. West Bengal State Consumer Disputes Redressal Commission
| Case Number | First Appeal No. FA/618/2014 (Arisen out of Order Dated 13/05/2014 in Case No. CC/508/2013 of District South 24 Parganas) |
| Counsel | For Appellant: Sayak Majumdar, Advocate and For Respondents: Sovanlal Bera, Advocate |
| Judges | Samaresh Prasad Chowdhury, (Presiding Member) |
| Issue | Consumer Protection Act, 1986 - Section 15 |
| Judgement Date | April 06, 2017 |
| Court | West Bengal State Consumer Disputes Redressal Commission |
Order:
Samaresh Prasad Chowdhury, (Presiding Member), (Kolkata)
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Challenge in this appeal under Section 15 of the Consumer Protection Act, 1986 (hereinafter referred to as 'the Act') is to the Judgement/Final Order dated 13.05.2014 passed by the Ld. District Consumer Disputes Redressal Forum, South 24 Parganas at Alipore (for short, Ld. District Forum) in Consumer Complaint No. 508/2013. By the impugned order, the Ld. District Forum allowed the consumer complaint on consent against Opposite Party Nos. 1 to 6 and on contest against opposite party Nos. 7 & 8 with the directions upon the opposite parties to execute and register the Deed of Conveyance in respect of the property on payment of Rs. 1,00,000/- by the Complainant towards balance consideration amount to OP Nos. 7 & 8.
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The Respondent No. 1 being Complainant lodged the complaint asserting that on 04.05.2012 he has entered into an Agreement for Sale with OP No. 7/developer represented by OP No. 8 to purchase of a self-contained flat measuring about 840 sq.ft. super built up area on the 3 floor at Premises No. 191, Laskarhat, P.S. Kasba, Kolkata - 700039, Dist-South 24 Parganas within the local limits of Ward No. 107 of the Kolkata Municipal Corporation at a total consideration of Rs. 16,00,000/- and also Rs. 3,00,000/- extra on account of performance of extra work in the said flat. The complainant has stated that he has paid Rs. 16,00,000/- i.e. the total consideration amount to the developer and also paid a sum of Rs. 2,00,000/- on account of completion of extra work. Upon receiving the said amount, the developer issued a possession letter and thereby delivered possession of the flat. The complainant alleged that time and again he requested the developer to complete the incomplete works and to register the Sale Deed after accepting the balance amount of Rs. 1,00,000/- but all his requests and reminders went in vain. Hence, the respondent No. 1 being intending purchaser filed the complaint with prayer for following reliefs - (1) to direct the OP Nos. 1 to 8 to execute and register the Deed of Conveyance; (2) to pay compensation of Rs. 80,000/- and (3) to pay litigation cost of Rs. 20,000/-.
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The developer/OP No. 7 by filing a written version disputed and denied the contention of the complainant stating that the consideration amount was enhanced from Rs. 16,00,000/- to Rs. 19,00,000/- and the said figure of amount was corrected by the complainant himself. The OP No. 7 has further...
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