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Bishnu Kumar Saraff & Another v/s Ruchi Realty Holdings Ltd. & Others


Company & Directors' Information:- D B REALTY LIMITED [Active] CIN = L70200MH2007PLC166818

Company & Directors' Information:- S R HOLDINGS PRIVATE LIMITED [Active] CIN = U65993TN1988PTC083659

Company & Directors' Information:- S K A HOLDINGS LIMITED [Active] CIN = L65993DL1981PLC012592

Company & Directors' Information:- N G REALTY PRIVATE LIMITED [Active] CIN = U45200GJ2005PTC047211

Company & Directors' Information:- RUCHI CORPORATION PRIVATE LIMITED [Active] CIN = U51100MH2003PTC140081

Company & Directors' Information:- J. S. REALTY PRIVATE LIMITED [Active] CIN = U45202MH2011PTC213076

Company & Directors' Information:- INDIA REALTY PRIVATE LIMITED [Active] CIN = U70101DL2003PTC123456

Company & Directors' Information:- H M HOLDINGS PRIVATE LIMITED [Active] CIN = U65993ML2005PTC007956

Company & Directors' Information:- P R R REALTY PRIVATE LIMITED [Active] CIN = U70100MH2010PTC208896

Company & Directors' Information:- S L REALTY PRIVATE LIMITED [Active] CIN = U67190MH2000PTC123592

Company & Directors' Information:- RUCHI INDIA LIMITED [Active] CIN = U25201DL1986PLC024912

Company & Directors' Information:- A R D REALTY PRIVATE LIMITED [Amalgamated] CIN = U70101CH1997PTC020239

Company & Directors' Information:- U S REALTY PRIVATE LIMITED [Active] CIN = U70100MH2005PTC150744

Company & Directors' Information:- V R HOLDINGS PRIVATE LIMITED [Active] CIN = U70102KA2009PTC051724

Company & Directors' Information:- D. K. REALTY (INDIA) PRIVATE LIMITED [Active] CIN = U70102MH2012PTC234931

Company & Directors' Information:- M. J. REALTY PRIVATE LIMITED [Active] CIN = U70200WB2010PTC144642

Company & Directors' Information:- D. C. REALTY PRIVATE LIMITED [Active] CIN = U70109WB2008PTC124999

Company & Directors' Information:- S M HOLDINGS PRIVATE LIMITED [Active] CIN = U65990MH2011PTC225004

Company & Directors' Information:- RUCHI PRIVATE LIMITED [Amalgamated] CIN = U15400MH1980PTC023219

Company & Directors' Information:- K V N REALTY PRIVATE LIMITED [Active] CIN = U70109DL2014PTC270404

Company & Directors' Information:- V V REALTY PRIVATE LIMITED [Active] CIN = U45201KA2014PTC077263

Company & Directors' Information:- RUCHI HOLDINGS PVT LTD [Active] CIN = U67120CH1987PTC007551

Company & Directors' Information:- M S REALTY PRIVATE LIMITED [Active] CIN = U74999PN1995PTC090283

Company & Directors' Information:- D D B HOLDINGS PVT LTD [Strike Off] CIN = U67120WB1992PTC055592

Company & Directors' Information:- J. D. REALTY PRIVATE LIMITED [Active] CIN = U45400MH2011PTC215183

Company & Directors' Information:- S R K REALTY PRIVATE LIMITED [Active] CIN = U45102MH2006PTC158838

Company & Directors' Information:- P. R. REALTY PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U67120WB1978PTC031329

Company & Directors' Information:- S K N REALTY PRIVATE LIMITED [Active] CIN = U45400DL2007PTC167522

Company & Directors' Information:- M R REALTY PRIVATE LIMITED [Active] CIN = U45201GJ2003PTC041943

Company & Directors' Information:- G L REALTY PRIVATE LIMITED [Amalgamated] CIN = U45400WB2009PTC137208

Company & Directors' Information:- G R REALTY PRIVATE LIMITED [Active] CIN = U70109WB2010PTC155534

Company & Directors' Information:- U M T REALTY INDIA PRIVATE LIMITED [Active] CIN = U45400MH2011PTC221282

Company & Directors' Information:- A. N. REALTY PRIVATE LIMITED [Active] CIN = U70200DL2009PTC196056

Company & Directors' Information:- S A K REALTY PRIVATE LIMITED [Active] CIN = U45201MP2009PTC021488

Company & Directors' Information:- B & F REALTY PRIVATE LIMITED [Strike Off] CIN = U45400MH2008PTC183141

Company & Directors' Information:- V F M REALTY PRIVATE LIMITED [Active] CIN = U45300MH2004PTC148115

Company & Directors' Information:- V S REALTY PRIVATE LIMITED [Active] CIN = U45400WB2007PTC121039

Company & Directors' Information:- B AND B HOLDINGS PRIVATE LIMITED [Active] CIN = U70101AS1999PTC005674

Company & Directors' Information:- RUCHI PRIVATE LIMITED [Amalgamated] CIN = U15410MP1978PTC001451

Company & Directors' Information:- A. F. REALTY PRIVATE LIMITED [Under Process of Striking Off] CIN = U45400MH2015PTC268820

Company & Directors' Information:- A. P. REALTY LIMITED [Active] CIN = U70102MH2008PLC178464

Company & Directors' Information:- S. G. M. REALTY LIMITED [Active] CIN = U45202MH2008PLC188746

Company & Directors' Information:- B S REALTY (INDIA) PRIVATE LIMITED [Active] CIN = U45202MH2010PTC204747

Company & Directors' Information:- R. B. REALTY LIMITED [Strike Off] CIN = U70200WB2010PLC142194

Company & Directors' Information:- B J HOLDINGS PRIVATE LIMITED [Active] CIN = U67120MH1982PTC028820

Company & Directors' Information:- KUMAR HOLDINGS PVT. LTD. [Strike Off] CIN = U67120WB1986PTC040517

Company & Directors' Information:- B I HOLDINGS PVT LTD [Strike Off] CIN = U65922WB1988PTC043690

Company & Directors' Information:- N. K. REALTY PRIVATE LIMITED [Active] CIN = U45400MH2007PTC171428

Company & Directors' Information:- D K P REALTY PRIVATE LIMITED [Strike Off] CIN = U45400MH2015PTC260738

Company & Directors' Information:- K S A REALTY PRIVATE LIMITED [Active] CIN = U70102MH2010PTC198769

Company & Directors' Information:- R S M P REALTY PRIVATE LIMITED [Active] CIN = U70102MH2011PTC221846

Company & Directors' Information:- H K S REALTY PRIVATE LIMITED [Active] CIN = U70102MH2015PTC269978

Company & Directors' Information:- C K REALTY PRIVATE LIMITED [Active] CIN = U70102PN2008PTC132442

Company & Directors' Information:- RUCHI REALTY PRIVATE LIMITED [Active] CIN = U45200MH1996PTC096642

Company & Directors' Information:- V REALTY PRIVATE LIMITED [Converted to LLP] CIN = U45200TN2007PTC065014

Company & Directors' Information:- R K M REALTY PRIVATE LIMITED [Active] CIN = U70100WB2010PTC147453

Company & Directors' Information:- A J REALTY PRIVATE LIMITED [Amalgamated] CIN = U74140WB2001PTC093852

Company & Directors' Information:- G B REALTY INDIA PRIVATE LIMITED [Active] CIN = U70101CT2010PTC021655

Company & Directors' Information:- V K HOLDINGS PRIVATE LTD [Strike Off] CIN = U27924DL1987PTC027924

Company & Directors' Information:- R. M. REALTY PRIVATE LIMITED [Converted to LLP] CIN = U70109MH2010PTC202777

Company & Directors' Information:- N N REALTY PRIVATE LIMITED [Strike Off] CIN = U70200MH2013PTC243807

Company & Directors' Information:- C S A HOLDINGS PRIVATE LIMITED [Strike Off] CIN = U65990MH1995PTC092555

Company & Directors' Information:- S B REALTY PRIVATE LIMITED [Under Process of Striking Off] CIN = U45400MH2007PTC169591

Company & Directors' Information:- J. N. REALTY PRIVATE LIMITED [Strike Off] CIN = U45400MH2007PTC171518

Company & Directors' Information:- A. M. S. REALTY PRIVATE LIMITED [Active] CIN = U70102MH2007PTC171548

Company & Directors' Information:- D. T. REALTY PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U70102MH2007PTC175823

Company & Directors' Information:- M I REALTY PRIVATE LIMITED [Active] CIN = U70102MH2010PTC206059

Company & Directors' Information:- M. U. REALTY PRIVATE LIMITED [Active] CIN = U70102MH2010PTC209908

Company & Directors' Information:- A & O REALTY PRIVATE LIMITED [Active] CIN = U70102MH2013PTC248941

Company & Directors' Information:- R F REALTY PRIVATE LIMITED [Strike Off] CIN = U70102MH2013PTC241612

Company & Directors' Information:- G-9 REALTY PRIVATE LIMITED [Strike Off] CIN = U70100PN2010PTC137670

Company & Directors' Information:- D V REALTY PRIVATE LIMITED [Active] CIN = U45209MH2013PTC244810

Company & Directors' Information:- V A REALTY PRIVATE LIMITED [Strike Off] CIN = U70109DL2013PTC255007

Company & Directors' Information:- K V REALTY PRIVATE LIMITED [Active] CIN = U70109DL2016PTC302492

Company & Directors' Information:- K Z REALTY PRIVATE LIMITED [Active] CIN = U70102DL2012PTC239147

Company & Directors' Information:- U & I REALTY PRIVATE LIMITED [Strike Off] CIN = U70101DL2013PTC252585

Company & Directors' Information:- V. V. P. REALTY PRIVATE LIMITED [Active] CIN = U70101MP2012PTC027905

Company & Directors' Information:- M A G REALTY PRIVATE LIMITED [Active] CIN = U70104HR2010PTC040515

Company & Directors' Information:- K R REALTY PRIVATE LIMITED [Strike Off] CIN = U45200GJ2011PTC064570

Company & Directors' Information:- J AND S HOLDINGS PVT LTD [Strike Off] CIN = U67120RJ1996PTC012114

Company & Directors' Information:- K. P. REALTY PRIVATE LIMITED [Strike Off] CIN = U45201GJ2006PTC049631

    Complaint Case No. CC/154/2016

    Decided On, 05 October 2018

    At, West Bengal State Consumer Disputes Redressal Commission Kolkata

    By, THE HONOURABLE MR. SAMARESH PRASAD CHOWDHURY
    By, PRESIDING MEMBER

    For the Complainant: Bijoy Brata De, Advocate. For the Opp. Party: Durbadal Sen, Advocate.



Judgment Text

The instant complaint under Section 17 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) is at the instance of a father and son/purchasers against the developer/builder and the landowner on the allegation of deficiency in services on the part of the developer in a consumer dispute of housing construction.

Succinctly put, complainants’ case is that on 12.03.2015 they entered into an agreement for Sale with the Opposite Parties to purchase of a self-contained residential flat measuring about 1855 sq. ft super built up area being Unit No. D on the 1st floor in Tower No.5 together with two open car parking spaces and servants room as specified being No. SQ-D in the building lying and situated at Premises No.54/10, D.C. Dey Road, P.S.- Tangra, Kolkata – 700015, Dist- South 24 Parganas within the local limits of Ward No. 58 of Kolkata Municipal Corporation. Subsequently, on payment of entire consideration amount, on 26.03.2015 a Deed of Conveyance was executed in respect of the flat, car parking spaces and servant’s quarter together with proportionate share or interest in all common portions with the facilities and amenities described in 4th Schedule of the Deed of Conveyance. At the time of execution of Sale Deed, the possession was also delivered in favour of the complainants. After taking possession, complainants verbally requested the OPs to send a proposal for such addition/alteration and/or modification but the opposite parties did not send any quotation as well as formal proposal for such modification. The complainants state that the opposite parties never claimed any charges for such modification. On 30.11.2015 the complainants sent a legal notice to the OPs demanding delivery of possession and subsequently, the complainants have also sent another demand notice dated 01.03.2016 but it turned a deaf ear. Hence, the complaint with prayer for following reliefs, viz. (a) to direct the OPs to give possession to them as per Deed of Conveyance dated 26.03.2015; (b) to provide the facilities, amenities and services as per Deed of Conveyance; (c) to pay compensation for delay in delivery of possession; (d) to pay interest for loan from the date of Deed of Conveyance till actual delivery of possession etc.

The Opposite Party Nos. 1 to 3 by filing a joint written version have stated that at all material time they were and still willing to handover the flat to the complainants upon receipts of costs of additional works. The contesting OPs have also stated that they had entered into a commercial transaction with the complainants and there was no scope for carrying out additional work gratuitously without consideration.

Both the parties have tendered evidence through affidavits. They have also given reply against the questionnaire set forth by their adversaries.

Both the parties have also filed brief notes of arguments at the time of final hearing of the case.

The pleadings, evidence on record and brief notes of arguments filed by the parties make it abundantly clear that on 12.03.2015 the complainants entered into an Agreement for Sale with the Opposite Parties to purchase of a self-contained residential flat measuring about 1855 sq. ft super built up area being Unit No. D on the 1st floor in Tower No.5 together with two open car parking spaces and servants room as specified being No. SQ-D in the building lying and situated at Premises No.54/10, D.C. Dey Road, P.S.- Tangra, Kolkata – 700015, Dist- South 24 Parganas within the local limits of Ward No. 58 of Kolkata Municipal Corporation. Subsequently, on payment of entire consideration amount of Rs.95,97,750/-, the developer executed the Deed of Conveyance on 26.03.2015 in respect of the flat, car parking spaces and servant’s quarter together with proportionate share or interest in all common portions with the facilities and amenities described in 4th Schedule of the Deed of Conveyance. The Deed of Conveyance and the contents of written version indicate that at the time of execution of Sale Deed, the possession of the flat was also delivered to the complainants. It is also not in dispute that the developer has obtained Completion Certificate from the Kolkata Municipal Corporation before delivery of possession.

Undisputedly, after taking formal possession of the flat, the complainants handed over the purchased flat to the developer for some repairing. The correspondences between the parties indicate that after transfer and conveyance, the complainants had entrusted the possession of the said flat to the developer for carrying on additional works but there is no evidence whatsoever what kind of additional work will be done by the developer. The developer did not ever send any quotation to the complainants as to such repairing and claiming any amount for repairing purpose. It is contended on behalf of OPs that due to delay on the part of the complainants in providing the tiles, the additional works has been delayed. It is surprising enough that either of the parties did not take any initiative to ascertain the quotation as to the works required for repairing and the estimated costs thereof. However, it is evident that though the complainants have taken symbolic possession but actual possession of the flat is still lying with the opposite parties. The complainants had not only purchased the flat but also two open car parking spaces and also servants quarters but as the developer keep the keys in possession of them, the complainants are not in a position to take possession of the flat which prompted them to lodge the complaint.

In such a situation, on 30.11.2015 the complainants through their Advocate wrote a letter to the Managing Director of OP No.1 Company requesting them to deliver possession within 15 days. A reply was given by OP No.1 on 23.12.2015 against that letter but the said letter is totally silent as to the amount claimed by them for replacement of tiles in the flat of the complainants but stated that they are ready to handover possession. In this backdrop, the complainants compelled to send a demand notice on 01.03.2016.

Ld. Advocate for contesting OPs has submitted that since the transaction has already been completed and the flat in question was handed over to the OPs for the purpose of repairing, complainants cannot be termed as ‘consumer’ as defined in Section 2(1)(d) of the Act. On the other hand, Ld. Advocate for the complainants has contended that only symbolic possession was delivered but the complainants did not take any physical possession of the flat and keeping in view the object behind the legislation of the Act, the complainants are entitled to an order of delivery of possession.

It is well settled that after accepting the entire consideration amount as per agreement, the developer is under obligation to – (a) deliver possession, (b) execute and register the Sale Deed and (c) obtain completion certificate/occupancy certificate from the authority concerned. In the instant case, the Deed of Conveyance has already been executed and the OPs have obtained Completion Certificate from the Kolkata Municipal Corporation and also delivered symbolic/technical possession but did not provide physical possession. It is manifest from the statement of Objects and Reasons and the Scheme of Act that its main object is to provide for better protection of the interests of the consumer. Therefore, having due regard to the scheme and purpose sought to be achieved, viz. better protection of the interest of consumers, the provisions of the Act have to be given purposive, broad and positive construction. Evidently, the developer without informing the complainants as to the costs to be borne by them for the purpose of alteration, repair or renovation cannot hold the subject flat for an indefinite period to claim amount at their own whim and fancy, more

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so, when the developer has opportunity to institute a suit before a competent Court of Law to recover the amount. In any case, the developer has no authority to keep the possession of the flat which has already been purchased by the complainants on payment of entire consideration amount. In view of the above, the complaint is disposed of with the following directions – i. The Opposite Parties are jointly and severally directed to issue a possession letter in favour of the complainants in respect of the property as mentioned in 2nd Schedule to the Deed of Conveyance dated 26.03.2015 within 30 days from date; ii. The Opposite Parties are jointly and severally directed to pay Rs.10,000/- to the complainants as costs of litigation within 30 days from date in default the amount shall carry interest @ 9% p.a. from date till its realisation.
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