w w w . L a w y e r S e r v i c e s . i n



Biswarup Sen v/s Attcon Projects Pvt. Ltd.


Company & Directors' Information:- C AND C PROJECTS LIMITED [Active] CIN = U74999HR2007PLC036644

Company & Directors' Information:- Y K M PROJECTS PRIVATE LIMITED [Active] CIN = U40109TG2008PTC057263

Company & Directors' Information:- T G R PROJECTS INDIA PRIVATE LIMITED [Active] CIN = U45200KA2012PTC062702

Company & Directors' Information:- S G PROJECTS LIMITED [Active] CIN = U65999WB1990PLC049684

Company & Directors' Information:- B C C PROJECTS PVT LTD [Active] CIN = U74899DL2001PTC112102

Company & Directors' Information:- J K S PROJECTS LIMITED [Active] CIN = U45400WB2011PLC157565

Company & Directors' Information:- D M P PROJECTS PVT LTD [Active] CIN = U27109WB2006PTC107513

Company & Directors' Information:- T & T PROJECTS LIMITED [Active] CIN = U45201AS2008PLC008641

Company & Directors' Information:- W AND W PROJECTS PRIVATE LIMITED [Active] CIN = U65910DL1989PTC036754

Company & Directors' Information:- E M C PROJECTS PVT LTD [Active] CIN = U29248WB1964PTC026261

Company & Directors' Information:- H AND V PROJECTS PRIVATE LIMITED [Active] CIN = U72400DL2011PTC220047

Company & Directors' Information:- M A PROJECTS PRIVATE LIMITED [Active] CIN = U70101DL2005PTC135093

Company & Directors' Information:- S. V. S. PROJECTS PRIVATE LIMITED [Active] CIN = U70100AP1998PTC029024

Company & Directors' Information:- M V PROJECTS (INDIA) PRIVATE LIMITED [Active] CIN = U45202KA2008PTC045272

Company & Directors' Information:- S V S PROJECTS INDIA PRIVATE LIMITED [Active] CIN = U45200AP2015PTC096787

Company & Directors' Information:- A T E PROJECTS PRIVATE LIMITED [Active] CIN = U74999DL1999PTC102246

Company & Directors' Information:- U W T PROJECTS LIMITED [Active] CIN = U45200AP2004PLC043198

Company & Directors' Information:- J J PROJECTS PVT LTD [Active] CIN = U24231WB1986PTC040246

Company & Directors' Information:- Z H PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45400WB2012PTC184307

Company & Directors' Information:- K & J PROJECTS PRIVATE LIMITED [Active] CIN = U45203MH2004PTC150165

Company & Directors' Information:- T & I PROJECTS LTD [Active] CIN = L29130WB1984PLC038232

Company & Directors' Information:- B 2 R PROJECTS PRIVATE LIMITED [Active] CIN = U45400WB2013PTC189971

Company & Directors' Information:- C M PROJECTS PRIVATE LIMITED [Active] CIN = U45201DL2004PTC130580

Company & Directors' Information:- N G PROJECTS LIMITED [Active] CIN = U45201GJ2003PLC042152

Company & Directors' Information:- E AND C PROJECTS PRIVATE LIMITED [Active] CIN = U29150DL2002PTC115297

Company & Directors' Information:- B. D. R. PROJECTS PRIVATE LIMITED [Active] CIN = U45202TG1998PTC028780

Company & Directors' Information:- V AND S PROJECTS PRIVATE LIMITED [Active] CIN = U70109DL1996PTC079487

Company & Directors' Information:- L S R PROJECTS PRIVATE LIMITED [Strike Off] CIN = U07010KA2005PTC036041

Company & Directors' Information:- V R PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45400AP2007PTC054901

Company & Directors' Information:- D C R PROJECTS PRIVATE LIMITED [Active] CIN = U45209TG2007PTC056307

Company & Directors' Information:- R. R. PROJECTS PVT LTD [Active] CIN = U45200TG1982PTC003711

Company & Directors' Information:- S H PROJECTS PRIVATE LIMITED [Active] CIN = U74996DL2006PTC149971

Company & Directors' Information:- B C SEN & COMPANY LTD [Active] CIN = U27205WB1986PLC041069

Company & Directors' Information:- S R PROJECTS INDIA PVT LTD [Active] CIN = U45207WB1981PTC033286

Company & Directors' Information:- L E PROJECTS PRIVATE LIMITED [Active] CIN = U45303WB2005PTC102555

Company & Directors' Information:- M. S. PROJECTS PRIVATE LIMITED [Active] CIN = U45400WB2009PTC131902

Company & Directors' Information:- J V PROJECTS PRIVATE LIMITED [Active] CIN = U74899DL1995PTC069037

Company & Directors' Information:- B N PROJECTS PRIVATE LIMITED [Active] CIN = U45201GJ2009PTC058067

Company & Directors' Information:- J P PROJECTS PRIVATE LIMITED [Active] CIN = U70109WB2011PTC165990

Company & Directors' Information:- R K PROJECTS PRIVATE LIMITED [Active] CIN = U74899DL1990PTC043660

Company & Directors' Information:- A B PROJECTS PRIVATE LIMITED [Active] CIN = U45200MH2004PTC149404

Company & Directors' Information:- A K PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45201TG1996PTC023179

Company & Directors' Information:- S N M PROJECTS PRIVATE LIMITED [Active] CIN = U70102UP2010PTC040243

Company & Directors' Information:- J AND H PROJECTS PRIVATE LIMITED [Active] CIN = U45200GJ2013PTC074010

Company & Directors' Information:- N S PROJECTS PRIVATE LIMITED [Active] CIN = U70101WB2007PTC117882

Company & Directors' Information:- H S PROJECTS PRIVATE LIMITED [Active] CIN = U45208DL2006PTC153706

Company & Directors' Information:- N M PROJECTS PRIVATE LIMITED [Active] CIN = U29219DL2009PTC186728

Company & Directors' Information:- K. V. PROJECTS PRIVATE LIMITED [Active] CIN = U70102WB2012PTC188439

Company & Directors' Information:- K R S PROJECTS PRIVATE LIMITED [Active] CIN = U70102AP2012PTC082232

Company & Directors' Information:- B S C PROJECTS PRIVATE LIMITED [Active] CIN = U45200DL2011PTC227768

Company & Directors' Information:- J K PROJECTS PRIVATE LIMITED [Active] CIN = U45203GJ2001PTC039576

Company & Directors' Information:- F C C PROJECTS PRIVATE LIMITED [Active] CIN = U29248UP1982PTC005786

Company & Directors' Information:- S N PROJECTS LIMITED [Active] CIN = U85110KA1996PLC021040

Company & Directors' Information:- B. D. PROJECTS PRIVATE LIMITED [Amalgamated] CIN = U45400WB2010PTC147620

Company & Directors' Information:- C & I PROJECTS PRIVATE LIMITED [Active] CIN = U29100DL2010PTC209136

Company & Directors' Information:- C & I PROJECTS PRIVATE LIMITED [Active] CIN = U74140DL2010PTC209136

Company & Directors' Information:- C B PROJECTS PRIVATE LIMITED [Active] CIN = U70109WB1997PTC085237

Company & Directors' Information:- G G PROJECTS PRIVATE LIMITED [Active] CIN = U45201DL1998PTC091501

Company & Directors' Information:- V M G PROJECTS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U45400WB2011PTC164117

Company & Directors' Information:- M. L. PROJECTS PRIVATE LIMITED [Active] CIN = U45400WB2010PTC151513

Company & Directors' Information:- R N D PROJECTS PRIVATE LIMITED [Active] CIN = U70102DL1996PTC080051

Company & Directors' Information:- M. K. N. PROJECTS PRIVATE LIMITED [Active] CIN = U70101DL2009PTC196755

Company & Directors' Information:- M B R PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45300KA2009PTC049005

Company & Directors' Information:- G S P PROJECTS PRIVATE LIMITED [Active] CIN = U45201WB1992PTC057116

Company & Directors' Information:- K P S PROJECTS PRIVATE LIMITED [Active] CIN = U70102TG2005PTC046280

Company & Directors' Information:- E AND V PROJECTS PRIVATE LIMITED [Strike Off] CIN = U70102TG2004PTC042622

Company & Directors' Information:- T M R PROJECTS PRIVATE LIMITED [Active] CIN = U45400DL2010ULT211007

Company & Directors' Information:- P A PROJECTS PRIVATE LIMITED [Active] CIN = U45208WB1997PTC083907

Company & Directors' Information:- N K D PROJECTS PRIVATE LIMITED [Active] CIN = U45400WB2008PTC128819

Company & Directors' Information:- A I PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45203WB2000PTC091229

Company & Directors' Information:- P N PROJECTS PRIVATE LIMITED [Active] CIN = U45202DL2016PTC289494

Company & Directors' Information:- V AND M PROJECTS PRIVATE LIMITED [Active] CIN = U45201DL2005PTC139731

Company & Directors' Information:- K K PROJECTS PVT LTD [Strike Off] CIN = U70200WB1995PTC073058

Company & Directors' Information:- S L PROJECTS PRIVATE LIMITED [Active] CIN = U45400AN2009PTC000109

Company & Directors' Information:- PROJECTS PVT LTD [Strike Off] CIN = U45201WB1951PTC019759

Company & Directors' Information:- V K M PROJECTS PRIVATE LIMITED [Active] CIN = U45400UP2011PTC045725

Company & Directors' Information:- K P PROJECTS PVT LTD [Active] CIN = U70101WB1996PTC077397

Company & Directors' Information:- C R PROJECTS PRIVATE LIMITED [Active] CIN = U45400PB2009PTC032572

Company & Directors' Information:- N D B K PROJECTS (INDIA) PRIVATE LIMITED [Active] CIN = U27100PB2012PTC036987

Company & Directors' Information:- N P R PROJECTS INDIA PRIVATE LIMITED [Strike Off] CIN = U45400TN2012PTC086360

Company & Directors' Information:- G P N PROJECTS PRIVATE LIMITED [Strike Off] CIN = U18101TZ2006PTC012749

Company & Directors' Information:- V K R PROJECTS PRIVATE LIMITED [Active] CIN = U45200TG2005PTC046370

Company & Directors' Information:- I N C PROJECTS PRIVATE LIMITED [Active] CIN = U70109WB2005PTC101620

Company & Directors' Information:- J. S. PROJECTS PRIVATE LIMITED [Active] CIN = U45400WB2009PTC136510

Company & Directors' Information:- D J PROJECTS PRIVATE LIMITED [Active] CIN = U15201DL2005PTC134979

Company & Directors' Information:- M S C K PROJECTS PRIVATE LIMITED [Converted to LLP] CIN = U70101DL2005PTC135407

Company & Directors' Information:- T AND M PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45201KA2008PTC045199

Company & Directors' Information:- C K SEN AND CO PVT LTD [Active] CIN = U51909WB1913PTC002317

Company & Directors' Information:- A C G PROJECTS PRIVATE LIMITED [Active] CIN = U45201UP1999PTC024162

Company & Directors' Information:- N E PROJECTS LTD [Strike Off] CIN = U16009AS1999PLC005873

Company & Directors' Information:- D R PROJECTS PRIVATE LIMITED [Active] CIN = U74899DL2001PTC109612

Company & Directors' Information:- I J PROJECTS PRIVATE LIMITED [Strike Off] CIN = U70102KA2009PTC049320

Company & Directors' Information:- G C N PROJECTS PRIVATE LIMITED [Active] CIN = U45200KA2011PTC061371

Company & Directors' Information:- L N PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45200TG2004PTC043064

Company & Directors' Information:- H B PROJECTS PVT LTD [Amalgamated] CIN = U45201WB1993PTC058846

Company & Directors' Information:- I. T. G PROJECTS PRIVATE LIMITED [Active] CIN = U74899DL1994PTC063342

Company & Directors' Information:- SEN & SEN PVT LTD [Active] CIN = U51909WB1949PTC017898

Company & Directors' Information:- G K SEN & CO PVT LTD [Strike Off] CIN = U63012WB1956PTC023050

Company & Directors' Information:- P. S. PROJECTS PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U70109WB2011PTC170655

Company & Directors' Information:- A R N PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45202MH2010PTC199122

Company & Directors' Information:- S P PROJECTS (INDIA) PRIVATE LIMITED [Active] CIN = U45400DL2010PTC203910

Company & Directors' Information:- J R PROJECTS PRIVATE LIMITED [Strike Off] CIN = U70109HR2012PTC045119

Company & Directors' Information:- C N R PROJECTS INDIA PRIVATE LIMITED [Active] CIN = U45201KA2007PTC041355

Company & Directors' Information:- A J PROJECTS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U45201MH2006PTC164622

Company & Directors' Information:- J M PROJECTS PRIVATE LIMITED [Active] CIN = U45200MP2007PTC019336

Company & Directors' Information:- L S S PROJECTS PRIVATE LIMITED [Active] CIN = U45400UP2013PTC059508

Company & Directors' Information:- A TO Z PROJECTS PRIVATE LIMITED [Strike Off] CIN = U70101DL1995PTC069527

Company & Directors' Information:- G I T T PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45201TG2006PTC051193

Company & Directors' Information:- Z & I PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45309TN2007PTC064972

Company & Directors' Information:- B. G. PROJECTS PRIVATE LIMITED [Active] CIN = U45400MH2012PTC231270

Company & Directors' Information:- P S R PROJECTS INDIA PRIVATE LIMITED [Active] CIN = U45400TG2015PTC101191

Company & Directors' Information:- E & E PROJECTS PRIVATE LIMITED [Active] CIN = U45400UP2015PTC075033

Company & Directors' Information:- B B R PROJECTS PRIVATE LIMITED [Active] CIN = U45200TG2005PTC045165

Company & Directors' Information:- M V R PROJECTS PRIVATE LIMITED [Active] CIN = U45200TG2005PTC045166

Company & Directors' Information:- L V S PROJECTS PRIVATE LIMITED [Under Process of Striking Off] CIN = U45200TG2010PTC068286

Company & Directors' Information:- R N V PROJECTS PRIVATE LIMITED [Active] CIN = U70102UP2011PTC044240

Company & Directors' Information:- A K SEN & CO PVT LTD [Active] CIN = U74140WB1940PTC009964

Company & Directors' Information:- K L PROJECTS PRIVATE LIMITED [Active] CIN = U27104DL2003PTC119655

Company & Directors' Information:- K S M PROJECTS PRIVATE LIMITED [Active] CIN = U45400DL2009PTC194824

Company & Directors' Information:- 3 G PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45400DL2015PTC276736

Company & Directors' Information:- I S R PROJECTS PRIVATE LIMITED [Active] CIN = U74140DL2005PTC138210

Company & Directors' Information:- L V PROJECTS PRIVATE LIMITED [Active] CIN = U74140DL2014PTC272838

Company & Directors' Information:- M K PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45201DL2002PTC117787

Company & Directors' Information:- B V M PROJECTS PRIVATE LIMITED [Active] CIN = U45201DL2004PTC131352

Company & Directors' Information:- K. J. S. PROJECTS PRIVATE LIMITED [Active] CIN = U70109DL2006PTC152898

Company & Directors' Information:- V N R PROJECTS PRIVATE LIMITED. [Active] CIN = U45400AP2008PTC060896

Company & Directors' Information:- C R R PROJECTS PRIVATE LIMITED [Active] CIN = U45400AP2015PTC097217

Company & Directors' Information:- H V PROJECTS PVT LTD [Active] CIN = U45202HR1997PTC033617

Company & Directors' Information:- V & V PROJECTS PRIVATE LIMITED [Strike Off] CIN = U70109KA2005PTC037578

Company & Directors' Information:- M S S PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45202KA2005PTC037905

Company & Directors' Information:- C AND T PROJECTS PRIVATE LIMITED [Strike Off] CIN = U74140GJ2009PTC057480

Company & Directors' Information:- A AND B PROJECTS PRIVATE LIMITED [Active] CIN = U45201GJ2007PTC051077

Company & Directors' Information:- B. P. S. R. PROJECTS PRIVATE LIMITED [Active] CIN = U70109RJ2018PTC063238

Company & Directors' Information:- B C SEN PVT LTD [Strike Off] CIN = U51109WB1947PTC015279

Company & Directors' Information:- M N SEN & CO PVT LTD [Strike Off] CIN = U24139WB1974PTC029748

Company & Directors' Information:- A. R. PROJECTS PRIVATE LIMITED [Strike Off] CIN = U40200DL2007PTC161559

Company & Directors' Information:- B SEN & CO PVT LTD [Strike Off] CIN = U51909WB1946PTC014096

Company & Directors' Information:- H C SEN AND CO PVT LTD [Strike Off] CIN = U99999DL1951PTC001993

    Complaint Case No. CC/474/2016

    Decided On, 02 March 2020

    At, West Bengal State Consumer Disputes Redressal Commission Kolkata

    By, THE HONOURABLE MR. SAMARESH PRASAD CHOWDHURY
    By, PRESIDING MEMBER & THE HONOURABLE MRS. DIPA SEN (MAITY)
    By, MEMBER

    For the Complainant: In-person. For the Opp. Party: Nabarun Sarkar, Advocate.



Judgment Text


Samaresh Prasad Chowdhury, Presiding Member

The instant complaint under Section 17 of the Consumer Protection Act, 1986 (for brevity, ‘the Act’) is at the behest of a purchaser against the developer/promoter on the allegation of deficiency of services in a dispute of housing construction.

Succinctly put, complainant’s case is that on 12.07.2014 he entered into an agreement with the Opposite Party to purchase of a residential flat measuring about 1000 sq. ft. super built up area being flat No. 4 on the first floor and one covered car parking space measuring about 120 sq. ft. of one roof covered car parking space within two roof covered car parking spaces on in a partly G+3 storied and partly straight 3 storied building christened ‘Anil Apartment’ lying and situated at premises No. 63, Brahmapur Road (Locally known as 33, Brahmapur Governed Colony) , P.S.- Bansdroni, Kolkata- 700070, Dist- South 24 Parganas within the local limits of ward No. 112 of Kolkata Municipal Corporation at a total consideration of Rs. 34,25,000/-. On payment of entire consideration amount, the developer executed and registered the deed of conveyance on 07.11.2014. The complainant has stated that the developer has obtained sanctioned building plan from the Kolkata Municipal Corporation on 25.03.2013 and after construction obtained completion certificate from the Kolkata Municipal Corporation on 03.07.2014. However, on the date of registration i.e. 07.11.2014 the Opposite Party split one number parking space into two and allotted the complainant one car parking space out of those two split parking spaces in order to accommodate an extra car parking space. The complainant submits that due to such unethical act of the Opposite Party, he is not in a position to keep his vehicle in the building directly accessible from the road. The complainant submits that in doing so, OP has violated the sanctioned building plan after obtaining completion certificate from the Kolkata Municipal Corporation. Hence, complainant approached this commission with prayer for compensation of Rs. 8,00,000/- for harassment and mental agony suffered by him.

The Opposite Party by filing a written version has stated that they have obtained sanctioned building plan from the Kolkata Municipal Corporation with an area of measuring 80 sq. meter car parking space i.e. about 861 sq. ft. and they have made arrangement of six number of spaces for parking of the cars therein. The OP has stated that after payment of entire consideration amount the sale deed was executed in favour of the complainant and after taking possession of the flat and car parking space, the complainant enjoyed the same and never raised any objection on any ground whatsoever. The OP submits that in the extreme north side car parking space there was total length of about 27 ft 6 inches x 10 ft. 4 inches and after dividing the two parts, one will have about 13 ft 9 inches i.e. with the area of about 142 sq. ft. each and the complainant has purchased car parking area of 120 sq. ft. and as such question of deficiency of services does not arise.

Both the parties have tendered evidence through affidavit.

They have also given reply against the questionnaire set forth by their adversaries. During final hearing, both the parties have filed BNAs in support of their respective cases.

The overwhelming evidence on record make it quite clear that one Sri Anil Ranjan Bhattacharjee was the owner of a piece of land measuring about 4 cottahs 15 chittaks lying and situated at premises No. 63 Brahmapur Road (Locally known as 33, Brahmapur Governed Colony) , P.S.- Bansdroni, Kolkata- 700070, Dist- South 24 Parganas within the local limits of ward No. 112 of Kolkata Municipal Corporation. In order to develop the said property and to raise construction, the landowner had entered into an agreement for development with the OP on 13.02.2013. On the self-same date the landowner also executed a general Power of Attorney by which the landowner has authorised the developer the right to sell of developer’s allocation. Thereafter, the developer has obtained sanction building plan from borough No. XI of the Kolkata Municipal Corporation being building plan/permit No. 501/12-13 dated 25.03.2013. subsequently, after construction of the building, the Opposite Party has obtained completion certificate from the Kolkata Municipal Corporation on 03.07.2014.

It remains undisputed that on 12.07.2014 the Opposite Party had entered into an agreement for sale with the complainant to sell one self-contained flat measuring about 1000 sq. ft. super built up area on the first floor and also one roof covered car parking space measuring about 120 sq. ft. out of two roof covered car parking spaces stated on the northern side of the G+3 storied portion in the said newly constructed building at a total consideration of Rs. 34,25,000/-. It also remains undisputed that on payment entire consideration amount on sale deed was executed by OP in favour of the complainant on 07.11.2014.

Now, the complainant has not lodged any complaint in respect of the flat in question, as mentioned above and the entire allegation of the complainant centres around to the car parking spaces provided to him by the OP. As per terms of the agreement, the OP was under obligation to provide one covered car parking space measuring about 120 sq. ft out of two covered car parking space on the northern side of the building. Therefore, as per terms of the agreement there should not have been more than two covered car parking spaces on the northern side. The complainant has specifically alleged that on the date of execution and registration of sale deed, the OP split one number of car parking space into two and allotted him one out of those two split car parking spaces. As a result, the complainant is facing serious problem in getting excess of the car in the building from the road.

In this regard, in penultimate paragraph of written version, the Opposite Party has mentioned that the northern side of car parking space has the total length of about 27’ ft. x 06” inches and the width of about 10’ ft. x 04” inches and if the total length is divided into two parts then each one will have about 13’ ft. x 09” inches i.e. about 142 sq. ft each and as the complainant has purchased the car parking area of about 120 sq. ft, the complainant will not be prejudiced in any way.

In ascertaining the real controversy, let us have a look to the reply given by the Opposite Party against the questionnaire set forth by the complainant. Apparently, the OP has deviated sanction building plan in splitting the car parking spaces just to accommodate another car in order to earn profit. In fact, on the date of registration of the sale deed one number of car parking space was spitted into two and allotted the complainant one out of those two car parking spaces. In this regard, the answers given by OP in reply Nos. 13 and 14 against the questionnaire set forth by the complainant appears to be relevant which are reproduces below:

“13. Do you admit that due to the shifting of the Watchman’s Booth and the Toilet from the Northern side to the Southern side has made the length of the Northern side Car parking space more, than as shown in the plan and the Regularized plan?

Ans: totally disagree. This is an absurd claim.

In the sanctioned Plan all the car parking had length of 5 m. After the shifting and allotting 2 numbers parking in place of one number now my parking has a length of 4.2 m approx. (as per your affidavit).

14. Whether the actual position of the Northern side car parking space is similar as shown in the plan annexed with your purchase deed?

Ans: Yes.

But the parking plan (not approved and not authorized by any LBS) annexed with deed of sale is not in line with sanctioned plan hence not in line with the agreement for sale.”

Needless to say, in accordance with the provisions of Kolkata Municipal Corporation Act, 1980 and Rules framed thereunder, it is obligatory on the part of developer/ promoter to construct the building in accordance with the sanction plan obtained from the Kolkata Municipal Corporation and there is hardly any scope to deviate the sanction building plan without any prior permission of the competent authority. Evidently, after construction of the building, the Opposite Party has obtained completion certificate from the Kolkata Municipal Corporation on 03.07.2014.

In the case before hand, the entire mischief has been done by the developer after obtaining completion certificate from the Kolkata Municipal Corporation and as such when the change has been done without concurrence of the competent authority, it not only indicates deficiency in services, but also falls within the definition of ‘unfair trade practice’ as per Section 2(1)(r) of the Act. This kind of splitting in violation of the sanction plan after obtaining completion certificate clearly demonstrates high handedness on the part of developer which is an unfair trade practice as per Section 2(1)(r) of the Act. In a decision reported in (2019) 5 SCC 725 (Pioneer Urban Land and Infrastructure Limited –vs- Govindan Raghavan) the Hon’ble Supreme Court has observed thus:

“6.8. A term of a contract will not be final and binding if it is shown that the flat purchasers had no option but to sign on the dotted li8ne, on a contract framed by the builder. The contractual terms of the agreement dated 08.05.2012 are ex facie one sided, unfair and unreasonable. The incorporation of such one sided clauses in an agreement constitutes an unfair trade practice as per Section 2(1)(r) of the Consumer Protection Act, 1986 since it adopts unfair methods or practices for the purpose of selling the flats by the builder.”

Mr. Barun Prasad, Ld. Advocate for the Opposite Party has submitted that when the complainant purchased the flat and car parking space which was a ready built flat after obtaining completion certificate, it was a sale simplicitor and the complainant cannot be categorised as ‘consumer’ within the meaning of Section 2(1)(d) of the Act. In order to ascertain the actual state of affairs, let us have a look to the definition of ‘consumer’ as defined in Section 2(1) of the Act which are set out below:

“Consumer means any person who –

i. buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other then the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or

ii. hires or avails of any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such services other than the person who hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person (but does not include a person who avails of such services for any commercial purpose”.

Explanation:- for the purposes of this clause, “commercial purpose” does not include use by a person of goods bought and used by him and services availed by him exclusively for the purposes of earning his livelihood by means of self-employment”.

Section 2 (1) (d) of the Act provides that the Consumer is a person who buys any goods for a consideration which has been paid or promised or partly paid and partly promised or avails of any services for a consideration which has been paid or promised or partly paid and partly promised but it does not include a person who avails of services for any commercial purposes.

Therefore, when the complainant purchased the flat from the Opposite Party on payment and the complainant has been filed within two years from the date of execution of sale deed i.e. on 27.10.2016 the complaint must be said to be maintainable as per the definition of ‘consumer’ as defined in Section 2(1)(d) of the Act.

Having heard the Ld. Advocate for the Opposite Party and the complainant in person and on going through the materials on record it appears that one cannot be permitted to split of one car parking space into two without the prior approval of the competent authority. For such unauthorised and illegal act on the part of developer, the complainant is facing tremendous difficulties as his car parking has become a stack car parking. In other words, unless another car is shifted or moved, the complainant is not in a position to place the car in the building. In other words, the car

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is no more directly accessible to the road. This certainly amounts to mental agony and serious inconveniences and also undue hardship to the complainant. Since the complainant has already taken possession of the car parking space and has been befooled in accepting the sale deed on dotted line to the developer, i think, the complaint should be allowed as there was apparent deficiency of services on the part of Opposite Party. Considering the facts and circumstances and having heard both sides it appears to me that considering the value of car parking space of a locality vis-s-vis the loss suffered/ has been suffering by the complainant, we think a compensation of Rs. 2,00,000/- in the facts and circumstances will meet the ends of justice. Under compelling circumstances, complainant has to approach this commission for which he is entitled to litigation costs which we quantify at Rs. 10,000/-. In view of the above discussions, the complaint is allowed on contest with the following directions: (i) The Opposite Party is directed to pay compensation of Rs. 2,00,000/- to the complainant within 45 days from date in default the amount shall carry interest @ 9% p.a. from the date till its realisation; (ii) The Opposite Party is directed to pay a sum of Rs. 10,000/- to the complainant as costs of litigation; (iii) The above payments should be made within 45 days in terms of the above order.
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