First Appeal No. A/979/2015 (Arisen out of Order Dated 06/08/2015 in Case No. Complaint Case No. CC/123/2015 of District Kolkata-II (Central)). Case: The Manager, Lavanya Projects Pvt. Ltd. Vs Santanu Swapan Kumar Das and Ors.. West Bengal State Consumer Disputes Redressal Commission

Case NumberFirst Appeal No. A/979/2015 (Arisen out of Order Dated 06/08/2015 in Case No. Complaint Case No. CC/123/2015 of District Kolkata-II (Central))
CounselFor Appellant: Tarun Chakraborty, Advocate and For Respondents: Rajesh Biswas and Sibaji Sankar Dhar, Advocates
JudgesSamaresh Prasad Chowdhury, (Presiding Member)
IssueConsumer Protection Act, 1986 - Sections 11, 11(1), 12, 15, 17, 21
Judgement DateApril 05, 2017
CourtWest Bengal State Consumer Disputes Redressal Commission


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

  1. The instant appeal under Section 15 of the Consumer Protection Act, 1986 (hereinafter referred to as 'the Act') is at the behest of the Opposite Party No. 2/developer to impeach the Judgement/Final Order dated 06.08.2015 passed by the Ld. District Consumer Disputes Redressal Forum, Kolkata, Unit-II (for short, Ld. District Forum) in Consumer Complaint No. 123/2015. By the impugned order, the Ld. District Forum allowed the complaint on contest with cost of Rs. 5,000/- each lodged by the Respondent Nos. 1 & 2 under Section 12 of the Act with the direction upon OP No. 1 to refund Rs. 25,000/- and Rs. 24,200/- and Rs. 5,000/- aggregating Rs. 59,200/- and a direction upon the OP No. 2/appellant to refund entire amount of Rs. 1,80,025/- and to pay compensation of Rs. 10,000/- to the complainants within one month and also to pay Rs. 15,000/- each as penal damages for adopting unfair trade practice.

  2. The Respondent Nos. 1 & 2 herein being Complainants lodged the complaint asserting that they entered into an Agreement for Sale with OP No. 2 for purchasing of a flat measuring about 1150 sq.ft. being Flat No. 2A in Block No. 2, on the 2 floor and one car parking space on the ground floor at Lavanya Project, Rajarhat within the District - North 24 Parganas at a consideration of Rs. 37,11,755/- of which the complainants have paid Rs. 3,71,176/- as booking money and Rs. 5,56,763/- on allotment. The complainants have stated that when the complainant No. 1 with his father went to the office of OP No. 2 in course of conversation, one Sri Suman Srimany, an employee of OP No. 1 Company assured them to provide loan on priority basis. Accordingly, the complainants had applied for housing loan to OP No. 1 and after fulfilling some necessary formalities, the loan was sanctioned on 14.09.2013 and the same was received by the complainants on 29.09.2013. When OP No. 1 got ready to pay a sum of Rs. 20,50,000/- the amount was decreased by Rs. 6,33,783/-. Meanwhile OP No. 2 served a notice upon the complainants asking them to pay a sum of Rs. 25,98,229/-. The cheque amounting to Rs. 20,50,000/- being less than the required sum, the complainants lost the idea of getting a sweet home. Ultimately, the OP No. 2 did not accept the loan cheque and terminated the agreement and in the process, they have deducted Rs. 1,80,025/- and also Rs. 54,354/- as deduction of EMI and processing charge etc. Hence, the respondent Nos. 1 & 2 approached the Ld. District Forum with prayer for refund of Rs. 1,80,025, Rs. 54,354/-, Rs. 20,000/- as compensation and Rs. 10,000/- as litigation cost.

  3. The Respondent No. 3 being OP No. 1 by filing a written version has stated that the loan was sanctioned in favour of the complainant on 14.09.2013 at Dubai and the same was disbursed at Kolkata on 23.10.2013 only after submission of necessary documents by the complainants and Power of Attorney but as there was no sufficient work progress on the date of property inspection, the disbursement was processed on the basis of percentage of work progress and not as per the demand raised by the developer.

  4. The Appellant i.e. OP No. 2 by filing a separate written...

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