Complaint Case No. CC/202/2014. Case: Swapan Kumar Mukherjee and Ors. Vs Kashinath Jaiswal. West Bengal State Consumer Disputes Redressal Commission

Case NumberComplaint Case No. CC/202/2014
CounselFor Appellant: P.R. Bakshi, Advocate and For Respondents: Rajarshi Dutta, Advocate
JudgesSamaresh Prasad Chowdhury, (Presiding Member)
IssueConsumer Protection Act, 1986 - Sections 12(1)(c), 13(4), 13(4)(iv), 17
Judgement DateApril 06, 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 (hereinafter referred to as 'the Act') is at the instance of two flat owners out of eight flat owners of a complex against the developer/Opposite Party on the allegation of deficiency in services on the part of him in a consumer dispute of housing construction.

  2. In a nutshell, Complainants' case is that on 04.02.2008 they had entered into an agreement with the opposite party to purchase of two flats measuring about 1012 sq.ft. on the 2 floor and measuring about 620 sq. ft. on the 1st floor respectively of Holding No. 42/5, Swami Vivekananda Road, P.S. Shibpur, Dist Howrah. In accordance with the terms of Agreement for Sale on payment of consideration amount, Sale Deed was executed by the OP in favour of the complainants on 03.10.2008 and 01.06.2009 respectively. After execution of the Sale Deed, the complainants took possession of their respective flats and found that the developer did not finish the said building in complete manner though at the time of the execution of the Deed of Sale the developer gave assurance that the incomplete works would be completed within a short period in respect of - (i) erection of boundary wall, (ii) to protection of meter box of electricity; (iii) for lighting the common areas of the building and the surroundings; (iv) to protect the stair by installing the glass windows; (v) to complete the passage from ingress and egress up to main gate; (vi) to ensure adequate supply of water; (vii) to obtain building completion certificate from Howrah Municipal Corporation and (viii) the surrounding wall of the roof should be made at least 3 ft. height. In this regard, all the attempts and persuasions of the complainants turned a deaf ear. Hence, the complainants have filed the complaint with prayer for following reliefs, viz - (a) to give direction upon the OP to complete all incomplete works and jobs; (b) to pay compensation to the tune of Rs. 5,00,000/- to each of the complainant; (c) to pay litigation cost to the tune of Rs. 25,000/-.

  3. The opposite party by filing written version disputed the claim of the complainants stating that the complaint is not maintainable and it is barred by limitation. The specific defence of the OP is that out of eight flat owners, six flat owners have not come up to lodge the complaint and the complaint has been lodged after long six years...

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