First Appeal No. A/2/2016 (Arisen out of Order Dated 03/12/2015 in Case No. Complaint Case No. CC/127/2015 of District Kolkata-II(Central)). Case: Samir Dutta Vs Mamata Das and Ors.. West Bengal State Consumer Disputes Redressal Commission
| Case Number | First Appeal No. A/2/2016 (Arisen out of Order Dated 03/12/2015 in Case No. Complaint Case No. CC/127/2015 of District Kolkata-II(Central)) |
| Counsel | For Appellant: Puja Beriwal, Advocate and For Respondents: Avijit Bhuina, Advocate |
| Judges | Ishan Chandra Das, J. (President) and Tarapada Gangopadhyay, Member |
| Issue | Consumer Protection Act, 1986 - Sections 2(d), 25, 27; Interest Act, 1978 - Section 2(b); West Bengal Thika Tenancy (acquisition And Regulation) Act, 2001 - Sections 5, 5(3), 6 |
| Judgement Date | April 11, 2017 |
| Court | West Bengal State Consumer Disputes Redressal Commission |
Order:
Ishan Chandra Das, J. (President), (Kolkata)
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This appeal has been directed against the judgment and order dated 03.12.15 passed by Ld. District Consumer Disputes Redressal Forum, Kolkata Unit-II, in CC/127/2015 wherein the Forum concerned while disposing of the complaint case allowed the same partly on admission and partly on contest with cost of Rs. 10,000/-. The Appellant/OP was directed to hand over the room measuring 63 sft. on the ground floor of the premises to the Complainants/Respondents and to pay the amount of Rs. 1,00,000/- to them within one month from the date of the order, failing which the Appellant/OP shall have to pay penal damages of Rs. 10,000/- in each month till delivery of possession of the said ground floor room to the Respondents and also to pay penal interest @ 800/- p.m. from the date of the order till full satisfaction of Rs. 1,00,000/- with further direction to comply with the order by the Appellant within one month from the date of the order failing which penal action shall be started against the Appellant/OP u/s. 25 read with section 27 of the Consumer Protection Act, 1986 coupled with further penalty and fine to be imposed on him.
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Questioning the propriety of the said order the present Appeal has been preferred against the Respondents/Complainants who entered into an agreement with the Appellant herein (i.e., a Developer) on 14.08.2009 and the Appellant was entrusted with the development and construction of new residential flat at their premises at 16/1/H/48/8, Biplobi Barin Ghosh Sarani, P.S. Maniktala, Kolkata - 700 067 and as per the said agreement the Appellant/Developer would have to allocate a room measuring 63 sft. on the ground floor and the cash consideration to the Complainants which have been clearly mentioned in the 3 floor schedule of the said agreement, but the Appellant/OP failed and/or neglected to hand over the said room as well as the balance amount of Rs. 1,00,000/-. Despite the fact that the Appellant/OP was verbally requested by the Respondents on several occasions to comply the terms of agreement but their request went in vain. The Respondent/Complainant then served written demand to the Appellant/OP on 18.08.14 by registered posts but inspite of receiving such notice, the Appellant did not take any step to redress the demand of the Respondents. The Respondents/Complainants further stated that the Appellant/OP with a mala fide intention neglected to hand over other room in...
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