FA/2009/217. Case: Sri. Apurba Roy, S/o Late Fani Bhusan Roy Vs Smt. Sarbani Banerjee (Chatterjee), W/o Manas Kumar Banerjee (Chatterjee). West Bengal State Consumer Disputes Redressal Commission
| Case Number | FA/2009/217 |
| Judges | Sri. Aloke Chakrabarti, President and Sri. A.K. Ray, Member, Smt. Silpi Majumder, Member |
| Issue | Consumer Law |
| Judgement Date | September 11, 2009 |
| Court | West Bengal State Consumer Disputes Redressal Commission |
Order:
S. Majumder, Member
This appeal has been directed against the judgment passed by the District Forum, 24-Parganas (North), on 07.04.2009, in its case no-5/2007, wherein the Forum allowing the complaint on contest without any cost has directed the OP to pay a sum of Rs.1,00,000/- to the Complainant towards advance consideration as paid by the Complainant within a period of 30 days from the date of communication of the order. The Forum has not awarded any compensation in favour of the Complainant.
The brief fact of the case of the Complainant before the Forum below was that he had entered into an agreement for sale with the OP on 11.12.2004 for purchase of one flat against a total consideration of Rs.4, 87,500/-. The Complainant paid a sum of Rs.1,00,000/- as advance out of the total consideration. The Complainant has further stated that he had been requesting the OP since then to expedite the construction work but the OP slowed down the progress of construction instead. The Complainant requested the OP to deliver some documents for the purpose of getting house-building loan, but as the OP did not pay any heed to him the Complainant faced serious financial hardship causing inability to pay the balance amount in time. Subsequently the Complainant requested the OP to extend time for balance payment. The Complainant spent a sum of Rs.5,000/- for extra works of the said flat. The Complainant also claimed that he is willing to pay the balance consideration amount of Rs.3,82,500/-. As the OP has failed to take steps as per request of the Complainant as well as terms of agreement he filed the complaint before the District Forum praying for direction upon the OP to pay him compensation of Rs.20,000/- and to execute and register the sale deed alternatively to refund the advance consideration of Rs.1,00,000/- and Rs.5,000/- for extra works with 12% interest p.a., Rs.5,000/- towards litigation cost.
Being dissatisfied by the above-mentioned judgment the Complainant-appellant has preferred this appeal contending that The Forum below has not directed to refund a sum of Rs.5,000/- which the Complainant has spent for extra work in the said flat and hence the OP is under obligation to refund the said amount along with interest. The Appellant has stated that as the agreement for sale has been terminated due to delay in payment of the balance amount to the OP, the OP is liable to pay interest on the amount paid by him as advance consideration at the...
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