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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

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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))
Party Name:Samir Dutta Vs Mamata Das and Ors.
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)

  1. 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.

  2. 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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