Complaint Case No. CC/188/2015. Case: Samarendra Nath Ghosh and Ors Vs Exclusive Homes Pvt. Ltd.. West Bengal State Consumer Disputes Redressal Commission

Case NumberComplaint Case No. CC/188/2015
CounselFor Appellant: Bijoy Brata De, Advocate
JudgesSamaresh Prasad Chowdhury, (Presiding Member)
IssueConsumer Protection Act, 1986 - Sections 11, 17, 17(1)(a)(i), 21
Judgement DateApril 04, 2017
CourtWest Bengal State Consumer Disputes Redressal Commission


Samaresh Prasad Chowdhury, (Presiding Member), (Kolkata)

  1. The instant complaint under Section 17 of the Consumer Protection Act, 1986 (for brevity, 'the Act') is at the instance of landowners against the developer on the allegation of deficiency in services on the part of them in a consumer dispute of housing construction.

  2. In a capsulated form, the Complainants' case is that the Complainants are joint co-owners in respect of a piece of land situated at Premises No. 630, Block-O, New Alipore, P.S. New Alipore, Kolkata - 700053 and on 22.02.2010 they entered into a Development Agreement with the OP for raising a multi-storied building thereon. Accordingly, the opposite party had obtained sanctioned from the Kolkata Municipal Corporation on 17.08.2010 and accepted the vacant possession of the premises on 01.09.2010 with a stipulation that the possession would be delivered within 24 months with a grace period of another six months. The OP completed the project on 28.06.2013 and delivered possession of the flats on 01.02.2014. However, as per clause-3.1 of the Agreement, the OP is liable to pay compensation for delayed period @ Rs. 10,000/- per day. The complainants have also alleged that the OP has failed to provide proportionate covered garage space to them in respect of four flats. It is further alleged by the complainants that the OP is deficient in rendering services to provide electric/water connection, chain fixtures, air conditioners etc. amounting to Rs. 2,50,000/-. Hence, the complainants have filed this complaint with prayer for reliefs, viz. - (1) to pay compensation of Rs. 10,000/- per day from the stipulated date till the date of delivery of possession; (2) to pay compensation of Rs. 5,00,000/- for taking fraudulent completion certificate; (3) Rs. 2,50,000/- for alleged deficiencies and (4) Rs. 5,00,000/- for not providing covered garage space etc.

  3. Despite service of notice upon the OP/developer, OP has not come to controvert the allegations made by the complainants. Under compulsion, the complaint was proceeded ex parte.

  4. Sri Ranendra Nath Ghosh, Complainant No. 2 has filed evidence on affidavit on behalf of himself and also on behalf of complainant No. 1 (brother) and complainant No. 3 (sister). The complainants have also filed some documents to substantiate their case. At the time of final hearing, a brief note of argument has been filed on behalf of the complainants.

  5. I have heard Mr. B.B. De, Ld. Advocate for...

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