Complaint Case No. CC/282/2014. Case: Tirtha Bagchi Vs Mihir Ranjan Chakraborty and Ors.. West Bengal State Consumer Disputes Redressal Commission
| Case Number | Complaint Case No. CC/282/2014 |
| Counsel | For Appellant: Arindam Peyada, Partha Sarothi Kashyapi, and Paromita Samanta, Advocates and For Respondents: Abhijit Chatterjee, Advocate |
| Judges | Samaresh Prasad Chowdhury, (Presiding Member) |
| Issue | Consumer Protection Act, 1986 - Sections 12, 17, 2(1)(d), 2(1)(g), 2(1)(o) |
| Judgement Date | April 06, 2017 |
| Court | West Bengal State Consumer Disputes Redressal Commission |
Order:
Samaresh Prasad Chowdhury, (Presiding Member)
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The instant complainant under Section 17 (wrongly mentioned U/s. 12) of the Consumer Protection Act, 1986 (for brevity, "the Act") is at the instance of an intending purchaser against the land owners and developer with the allegation of deficiency of services on the part of him in a consumer dispute of housing construction.
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Cut short of details, complainant's case is that on 03.06.2013 he entered into an agreement for sale to purchase one self-contained flat measuring about 1217 sq.ft. being flat No. 302 on the 3rd floor along with one covered car parking space being No. G-1 on the ground floor measuring about 130 sq.ft. together with undivided impartible proportionate share or interest of the said premises, lying and situated at premises No. 83, Madurdaha, P.S. Tiljala, Kolkata - 700 107, District - South 24 - Parganas within the local limits of Ward No. 108 of Kolkata Municipal Corporation at a total consideration of Rs. 45,59,500/-. The Complainants have already paid a part consideration of amount of Rs. 39,99,500/-. The complainants submits that he is ready and willing to pay the balance amount of Rs. 5,60,000/-. It was agreed that the OPs will deliver the subject property by February, 2014 and it was stipulated that in case of failure to comply with the terms of the agreement, the OP will be liable to pay damages @ 2% p.m. on the amount already paid. Due to non-fulfilment of the terms and obligations, complainants have come up in this Commission with the following reliefs, viz. - (a) to direct the OPs to execute and registered the deed of conveyance; (b) to direct the OPs to hand over the possessions of the flat and garage; (c) to direct the OPs to pay in 2% p.m. over the amount of Rs. 39,99,500/-; (d) to pay Rs. 2,00,000/- as compensation and Rs. 50,000/- as litigation cost.
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The OPs by filing a joint written version have admitted that the complainant has paid Rs. 39,99,500/- to them as part consideration amount but they denied that there was any negligence on the part of them and it is stated that due to heavy water logging in the area, the OPs could not carry out their work properly for almost 3 to 4 months as no good vehicle could carry the raw materials to the construction site. The OPs have further stated that application for Completion Certificate from the Corporation has already been made on 09.01.2015.
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On the basis of aforesaid pleadings, the following points...
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