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



Debasish Saha & Others v/s Godrej Properties Limited & Another


Company & Directors' Information:- GODREJ PROPERTIES LIMITED [Active] CIN = L74120MH1985PLC035308

Company & Directors' Information:- B G H PROPERTIES PRIVATE LIMITED [Active] CIN = U70100MH2000PTC127785

Company & Directors' Information:- K L PROPERTIES PRIVATE LIMITED [Active] CIN = U45200MH2010PTC206964

Company & Directors' Information:- H J PROPERTIES PVT LTD [Active] CIN = U45202WB1981PTC033681

Company & Directors' Information:- C L N PROPERTIES PRIVATE LIMITED [Active] CIN = U45200KA2008PTC046246

Company & Directors' Information:- S K R PROPERTIES PRIVATE LIMITED [Amalgamated] CIN = U45201HR2003PTC057154

Company & Directors' Information:- D V PROPERTIES PVT LTD [Active] CIN = U45209GJ1988PTC010660

Company & Directors' Information:- B H PROPERTIES PRIVATE LIMITED [Active] CIN = U70101PB1998PTC020905

Company & Directors' Information:- S D S PROPERTIES PVT LTD [Active] CIN = U70101AS1997PTC005091

Company & Directors' Information:- A .K . PROPERTIES PRIVATE LIMITED [Active] CIN = U45400WB2007PTC115209

Company & Directors' Information:- J G PROPERTIES PVT LTD [Active] CIN = U45201WB1996PTC077695

Company & Directors' Information:- V A S PROPERTIES PRIVATE LIMITED [Active] CIN = U45201DL2006PTC146450

Company & Directors' Information:- C. AND J. PROPERTIES PRIVATE LIMITED [Active] CIN = U70109WB1982PTC035128

Company & Directors' Information:- V V A PROPERTIES PRIVATE LIMITED [Active] CIN = U45201TN2007PTC063619

Company & Directors' Information:- P Z PROPERTIES PRIVATE LIMITED [Active] CIN = U70102MH2010PTC198765

Company & Directors' Information:- A H PROPERTIES PRIVATE LIMITED [Active] CIN = U70101MH2003PTC143019

Company & Directors' Information:- A K D PROPERTIES PRIVATE LIMITED [Active] CIN = U45201WB1997PTC083316

Company & Directors' Information:- S L PROPERTIES LTD. [Not available for efiling] CIN = U70101WB1986PLC040219

Company & Directors' Information:- I E S PROPERTIES LTD [Active] CIN = U70109WB1982PLC035175

Company & Directors' Information:- E. A. PROPERTIES PRIVATE LIMITED [Active] CIN = U70102DL2007PTC164114

Company & Directors' Information:- G & L PROPERTIES PRIVATE LIMITED [Active] CIN = U45201DL2005PTC138314

Company & Directors' Information:- S H PROPERTIES PRIVATE LIMITED [Active] CIN = U70100PB2004PTC027766

Company & Directors' Information:- A.T. PROPERTIES PRIVATE LIMITED [Converted to LLP] CIN = U45201DL2003PTC121997

Company & Directors' Information:- O C G PROPERTIES PRIVATE LIMITED [Active] CIN = U74899DL1993PTC055648

Company & Directors' Information:- S. A. PROPERTIES PRIVATE LIMITED [Active] CIN = U45201WB2003PTC096528

Company & Directors' Information:- S Y S PROPERTIES PRIVATE LIMITED [Converted to LLP] CIN = U45201DL2005PTC136185

Company & Directors' Information:- B P PROPERTIES LIMITED [Strike Off] CIN = U31402WB1978PLC031367

Company & Directors' Information:- R V M PROPERTIES PRIVATE LIMITED [Active] CIN = U70101KL2004PTC017107

Company & Directors' Information:- J S PROPERTIES PRIVATE LIMITED [Active] CIN = U74899DL1986PTC025742

Company & Directors' Information:- N K G PROPERTIES PRIVATE LIMITED [Active] CIN = U45201DL2004PTC123972

Company & Directors' Information:- B K PROPERTIES PVT LTD [Strike Off] CIN = U70109WB1988PTC043748

Company & Directors' Information:- N S PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U74899DL1992PTC048064

Company & Directors' Information:- P K PROPERTIES PRIVATE LIMITED [Active] CIN = U71101UP1984PTC006699

Company & Directors' Information:- L R PROPERTIES PRIVATE LIMITED [Active] CIN = U67120WB1995PTC073225

Company & Directors' Information:- T P PROPERTIES PRIVATE LIMITED [Active] CIN = U45202OR1996PTC004603

Company & Directors' Information:- G B PROPERTIES PVT LTD [Active] CIN = U70101KL1995PTC008571

Company & Directors' Information:- C P PROPERTIES LTD [Not available for efiling] CIN = U70109WB1946PLC013479

Company & Directors' Information:- SAHA (INDIA) PRIVATE LIMITED [Strike Off] CIN = U67120KA1991PTC012267

Company & Directors' Information:- B E PROPERTIES PVT LTD [Active] CIN = U70101WB1953PTC021293

Company & Directors' Information:- J P PROPERTIES PRIVATE LIMITED [Active] CIN = U70101WB2004PTC100754

Company & Directors' Information:- A D PROPERTIES PVT LTD [Active] CIN = U70109WB1996PTC080715

Company & Directors' Information:- H & Y PROPERTIES PRIVATE LIMITED [Active] CIN = U45200GJ1992PTC018459

Company & Directors' Information:- D. M. PROPERTIES PRIVATE LIMITED [Active] CIN = U65929DL1997PTC090007

Company & Directors' Information:- V D PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U70101DL1996PTC075938

Company & Directors' Information:- R N J PROPERTIES PVT LTD [Active] CIN = U45201WB1967PTC027195

Company & Directors' Information:- C. L. S. PROPERTIES PRIVATE LIMITED [Active] CIN = U45400WB2009PTC136942

Company & Directors' Information:- T. R. PROPERTIES PRIVATE LIMITED [Active] CIN = U45201MP2007PTC019476

Company & Directors' Information:- C V P PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U70101KL1998PTC012178

Company & Directors' Information:- A O V PROPERTIES PRIVATE LIMITED [Active] CIN = U70109DL1997PTC090222

Company & Directors' Information:- R S PROPERTIES PRIVATE LIMITED [Active] CIN = U74899DL1988PTC033977

Company & Directors' Information:- V S PROPERTIES PVT LTD [Active] CIN = U65910WB1987PTC041881

Company & Directors' Information:- S P PROPERTIES PVT LTD [Converted to LLP and Dissolved] CIN = U70101WB1987PTC041860

Company & Directors' Information:- J C PROPERTIES PVT LTD [Active] CIN = U70101WB1993PTC059379

Company & Directors' Information:- U P PROPERTIES PVT LTD [Active] CIN = U70101WB1986PTC041260

Company & Directors' Information:- P N PROPERTIES PRIVATE LIMITED [Active] CIN = U45200WB2007PTC113489

Company & Directors' Information:- P N S PROPERTIES PRIVATE LIMITED [Active] CIN = U70101WB2005PTC102974

Company & Directors' Information:- S V PROPERTIES PRIVATE LIMITED [Active] CIN = U45202WB1999PTC090204

Company & Directors' Information:- D B R PROPERTIES PVT LTD [Amalgamated] CIN = U70101MH1982PTC027347

Company & Directors' Information:- G M PROPERTIES PVT LTD [Active] CIN = U70101WB1986PTC040953

Company & Directors' Information:- S B PROPERTIES PVT LTD [Active] CIN = U70101WB1972PTC028536

Company & Directors' Information:- P AND P PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U45201GJ1987PTC009915

Company & Directors' Information:- S M PROPERTIES PRIVATE LIMITED [Active] CIN = U74899DL1992PTC049871

Company & Directors' Information:- S M P PROPERTIES PVT LTD [Active] CIN = U70103WB1987PTC042904

Company & Directors' Information:- D C PROPERTIES PRIVATE LIMITED [Active] CIN = U70101WB1981PTC034201

Company & Directors' Information:- V L B PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U45201TZ1997PTC008214

Company & Directors' Information:- F K PROPERTIES PVT LTD [Active] CIN = U70101WB1971PTC027967

Company & Directors' Information:- N S PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U55101UP1990PTC011853

Company & Directors' Information:- R B B A PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U45200MH1975PTC018584

Company & Directors' Information:- S AND V PROPERTIES PRIVATE LIMITED [Active] CIN = U70100MH1979PTC021688

Company & Directors' Information:- S A M PROPERTIES PRIVATE LIMITED [Active] CIN = U70100MH2000PTC127137

Company & Directors' Information:- F. M. J. PROPERTIES PRIVATE LIMITED [Active] CIN = U70200WB2009PTC139337

Company & Directors' Information:- R. L. PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U70101WB2007PTC119672

Company & Directors' Information:- J V S PROPERTIES PRIVATE LIMITED [Active] CIN = U74899DL1992PTC049096

Company & Directors' Information:- S S P PROPERTIES PVT LTD [Strike Off] CIN = U17111DL1981PTC011835

Company & Directors' Information:- S T PROPERTIES PRIVATE LIMITED [Active] CIN = U70200DL2009PTC195208

Company & Directors' Information:- A P PROPERTIES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC065176

Company & Directors' Information:- H A PROPERTIES PRIVATE LIMITED [Active] CIN = U70101DL1997PTC089386

Company & Directors' Information:- R M M PROPERTIES INDIA PRIVATE LIMITED [Active] CIN = U70200KL2008PTC022190

Company & Directors' Information:- M R S PROPERTIES PVT LTD [Strike Off] CIN = U45201WB1996PTC076312

Company & Directors' Information:- H D PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U45201PB1996PTC018635

Company & Directors' Information:- G D PROPERTIES PRIVATE LIMITED [Amalgamated] CIN = U70101WB1986PTC040204

Company & Directors' Information:- P C PROPERTIES LTD [Converted to LLP] CIN = U45202WB1980PLC032659

Company & Directors' Information:- C C SAHA LTD [Active] CIN = U36920WB1933PLC007695

Company & Directors' Information:- K M PROPERTIES LIMITED [Active] CIN = U70100MH2005PLC155804

Company & Directors' Information:- C. M. PROPERTIES PRIVATE LIMITED [Active] CIN = U45400WB2009PTC137777

Company & Directors' Information:- R S PROPERTIES PVT LTD [Active] CIN = U45201CH1985PTC006088

Company & Directors' Information:- H K PROPERTIES PRIVATE LIMITED [Active] CIN = U74899DL1992PTC050561

Company & Directors' Information:- N D PROPERTIES PRIVATE LIMITED [Active] CIN = U45202KA2008PTC045146

Company & Directors' Information:- M K PROPERTIES PVT LTD [Active] CIN = U00000DL1980PTC010834

Company & Directors' Information:- N K PROPERTIES PVT LTD [Active] CIN = U70101WB1980PTC032914

Company & Directors' Information:- K H PROPERTIES PVT LTD [Active] CIN = U70109WB1962PTC025670

Company & Directors' Information:- B & P PROPERTIES PVT LTD [Strike Off] CIN = U51109WB1993PTC057387

Company & Directors' Information:- D P A PROPERTIES PVT LTD [Strike Off] CIN = U70109WB1985PTC038565

Company & Directors' Information:- G S PROPERTIES PVT LTD [Strike Off] CIN = U70109WB1988PTC044120

Company & Directors' Information:- I M PROPERTIES PVT LTD [Strike Off] CIN = U70101WB1984PTC037692

Company & Directors' Information:- K N PROPERTIES PVT LTD [Strike Off] CIN = U45203WB1981PTC033390

Company & Directors' Information:- B B PROPERTIES PVT LTD [Strike Off] CIN = U70101WB1986PTC040549

Company & Directors' Information:- K K PROPERTIES PVT LTD [Active] CIN = U70102WB1981PTC033840

Company & Directors' Information:- S M PROPERTIES PVT LTD [Active] CIN = U70101WB1980PTC033230

Company & Directors' Information:- B A PROPERTIES PRIVATE LIMITED [Converted to LLP] CIN = U45202DL2002PTC113693

Company & Directors' Information:- G K S PROPERTIES PRIVATE LIMITED [Active] CIN = U70101TN2007PTC063821

Company & Directors' Information:- K T M PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U45200TN2007PTC063457

Company & Directors' Information:- M S R R PROPERTIES PRIVATE LIMITED [Active] CIN = U70102TG2007PTC052608

Company & Directors' Information:- R B PROPERTIES PVT LTD [Active] CIN = U70109WB1993PTC057757

Company & Directors' Information:- D K PROPERTIES PRIVATE LIMITED [Converted to LLP] CIN = U45400WB2008PTC122677

Company & Directors' Information:- L M PROPERTIES PVT LTD [Strike Off] CIN = U70101DL1988PTC032529

Company & Directors' Information:- R M PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U45201DL1992PTC051504

Company & Directors' Information:- R PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U70101OR2009PTC011302

Company & Directors' Information:- M M PROPERTIES PRIVATE LIMITED [Active] CIN = U70101WB1987PTC042780

Company & Directors' Information:- T M PROPERTIES PRIVATE LIMITED [Active] CIN = U74899DL1987PTC027196

Company & Directors' Information:- D T PROPERTIES PVT LTD [Active] CIN = U25201WB1984PTC037089

Company & Directors' Information:- M V PROPERTIES PRIVATE LIMITED [Active] CIN = U74899DL1987PTC027201

Company & Directors' Information:- J AND T PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U45200MH2004PTC145335

Company & Directors' Information:- S D PROPERTIES PVT LTD [Strike Off] CIN = U70101RJ1972PTC001424

Company & Directors' Information:- R P PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U70109PB2012PTC036646

Company & Directors' Information:- U N PROPERTIES PRIVATE LIMITED [Active] CIN = U70100MH2012PTC238590

Company & Directors' Information:- B N SAHA CO PVT LTD [Strike Off] CIN = U12000WB1938PTC009498

Company & Directors' Information:- J M PROPERTIES PVT LTD [Under Process of Striking Off] CIN = U70101WB1991PTC053451

Company & Directors' Information:- R F PROPERTIES PRIVATE LIMITED [Active] CIN = U45400DL2016PTC289595

Company & Directors' Information:- G S G PROPERTIES PRIVATE LIMITED [Active] CIN = U45201DL2004PTC123810

Company & Directors' Information:- S K S PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U45201DL2004PTC127413

Company & Directors' Information:- R R S PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U45201DL2004PTC128027

Company & Directors' Information:- B V M PROPERTIES PRIVATE LIMITED [Active] CIN = U45201DL2004PTC131351

Company & Directors' Information:- V K P K PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U45201DL2005PTC140444

Company & Directors' Information:- A N C PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U70200DL2008PTC185925

Company & Directors' Information:- V W PROPERTIES PRIVATE LIMITED [Amalgamated] CIN = U74899DL1995PTC073056

Company & Directors' Information:- D AND A PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U45102DL2000PTC105913

Company & Directors' Information:- K U PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U70102HR2007PTC037081

Company & Directors' Information:- R Z PROPERTIES PRIVATE LIMITED [Active] CIN = U45200KA2012PTC064102

Company & Directors' Information:- B & O PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U70101KA2009PTC051248

Company & Directors' Information:- D R PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U45201GJ1988PTC010457

Company & Directors' Information:- V P R PROPERTIES PRIVATE LIMITED [Active] CIN = U70100KL2008PTC021996

Company & Directors' Information:- H AND L PROPERTIES PRIVATE LIMITED [Active] CIN = U45209GJ2005PTC046779

Company & Directors' Information:- V C G PROPERTIES PRIVATE LIMITED [Active] CIN = U74110KL2007PTC021404

Company & Directors' Information:- S S PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U70101DL1988PTC031003

Company & Directors' Information:- K R PROPERTIES PVT LTD [Strike Off] CIN = U70109WB1987PTC042694

Company & Directors' Information:- J R PROPERTIES PRIVATE LIMITED [Converted to LLP] CIN = U70100MH2005PTC150374

Company & Directors' Information:- R J PROPERTIES PVT LTD [Strike Off] CIN = U70101DL1992PTC051469

    Complaint Case No. 400 of 2017

    Decided On, 03 January 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 Complainants: Soumyajyoti Nandy, Advocate. For the Opposite Parties: Rajarshi Datta, Advocate.



Judgment Text


Samaresh Prasad Chowdhury, Presiding Member.

1. The instant complaint under Section 17 of the Consumer Protection Act, 1986 (hereinafter refer to as ‘the Act’) is at the behest of a son, mother and daughter-in-law/purchaser against a construction company (Opposite Party No. 1) and its Regional Head (Opposite Party No. 2) on the allegation of deficiency of services, primarily on the part of Opposite Party No. 1 in a dispute of housing construction.

2. In a capsulated form, complainants’ case is that on 8.3.2013 they entered into an agreement for sale with the erstwhile OP No. 1 Company (Happy Highrises Limited) to purchase of a residential flat measuring about 1359 sq. ft. super built up area being Unit No. 1803 on the 18 floor in the Tower named ‘Aravali’ together with right to use one multi level car parking space as mentioned in part-I and part-II of Third Schedule to the agreement for sale in the complex christened ‘Godrej Prakriti’ lying and situated at Municipal holding No. 187F/1, B.T. Road, P.S.- Khardah, Kolkata- 700115, Dist- North 24, Parganas within the local limits of Ward No. 14 of Panihati Municipality at a total consideration of Rs. 42,50,669 for the flat and Rs. 2,50,000 for the car parking space aggregating Rs. 44,50,669. The complainants have stated that in accordance with the payment schedule, they have paid the consideration amount regularly. In the agreement it was stipulated that the OP No. 1 company will deliver the subject flat in complete condition within 30.6.2014. Accordingly, the complainants enquired with the Opposite Party the reasons for non-delivery of possession, the Opposite Parties assured the complainants that they will try to hand over the possession within the extended time limit of 31.12.2014 and the complainants would be compensated for delayed delivery of possession. Subsequently, on 14.1.2016 the OP No. 1 Company issued a notice of possession and accordingly a Deed of Conveyance was executed and registered on 22.7.2016. The complainants have stated that the OP Company has not provided the compensation in terms of Clause 15.5 of the agreement and also the common benefits and facilities and in this regard all the requests and persuasions including the legal notice went in vain. Hence, the complainant approached this Commission with payer for following reliefs, viz.—(a) an order directing the Opposite Parties to compensate the complainants with payment of interest for delayed delivery of possession of the Residential Unit No. 1803 on 18th floor of the Tower Named ‘Aravali’ of the complex known as ‘GODREJ PRAKRITI’ lying and situated at the municipal holding No. 187F/1, B.T. Road, Kolkata-700115 for the period from 1st July, 2014 to 14th January, 2016 @ 9% per annum amounting to Rs. 4,06,646 along with further interest on Rs. 4,06,646 for the period from 23.7.2016 till the actual date of payment @ 18% per annum; (b) an order directing the Opposite Parties to compensate the complainants for not providing Completion Certificate, swimming pool, football ground, Multi-speciality Hospital, Retail Store, Sewerage Treatment Plant, Boundary wall at the project site to ensure adequate safety and security, electricity supply at the said Unit and provide each and every common facility and amenity in terms of the Deed of Conveyance dated 22.7.2016 in accordance with the promises and assurances given by the Opposite Parties; (c) an order directing the Opposite Parties to pay as compensation to complainants for deficiency in services for not providing several facilities including swimming pool, football ground, multi-speciality hospital etc.; (d) an order directing the Opposite Parties to pay Rs. 1,00,000 as compensation to complainants for causing mental harassment and agony; (e) an order directing the Opposite Parties to pay a sum of Rs. 30,000 for legal expenses and other incidental costs etc.

3. The Opposite Party Nos. 1 and 2 by filing a written version have stated that the complainants with their full satisfaction had accepted the possession of the unit upon execution and registration of Deed of Conveyance dated 22.7.2016 and as such the complaint should be dismissed with costs.

4. On behalf of Complainants, one Sri Pinaki Guha Thakurta, Constituted Attorney of the complainants has tendered evidence through affidavit. The said person has also given reply against the questionnaire set forth by the OPs.

5. On the other hand, on behalf of OPs, one Sri Abhishek Mitra, Authorised Signatory of OPs has filed the evidence through affidavit. The said Abhishek Mitra has also given reply against the questionnaire set forth by the complainants. Besides the same, both the parties have relied upon the several documents. At the time of final hearing, both the parties have filed brief notes of argument in support of their respective cases.

6. The overwhelming evidence on record make it abundantly clear that the complainants had entered into an agreement with Happy Highrises Limited on 8.3.2013 to purchase of a residential flat measuring about 1359 sq. ft. super built up area being Unit No. 1803 on the 18th floor in the Tower named ‘Aravali’ together with right to use one multi level car parking space as mentioned in part-I and part-II of Third Schedule to the agreement for sale in the complex christened ‘Godrej Prakriti’ lying and situated at Municipal holding No. 187F/1, B.T. Road, P.S.-Khardah, Kolkata-700115, Dist- North 24, Parganas within the local limits of Ward No. 14 of Panihati Municipality at a total consideration of Rs. 42,50,669 for the flat and Rs. 2,50,000 for the car parking space aggregating Rs. 44,50,669.

7. It remains undisputed that on payment of entire consideration amount, the OP No. 1 Company had issued notice of possession letter on 14.1.2016. Subsequently, the Deed of Conveyance was executed and registered on 22.7.2016.

8. Mr. N.R. Mukherjee, learned Advocate for the complainant submits that though the complainants has claimed several reliefs on various grounds including common facilities and benefits like swimming pool, football ground, Multi-speciality Hospital, Retail Store, Sewerage Treatment Plant, Boundary wall etc but as they are relating to common amenities/facilities, when no permission has been sought for to initiate a ‘class action’ in accordance with Section 12(1)(c) of the Act, the complainant is not entitled to any relief regarding common facilities and benefits. Therefore, he has confined his claim only in respect of his compensation drawing our attention to Clause 15.5 to the agreement for sale executed between the parties. The relevant clause runs as follows:

“15.5. In the event there being no default on the part of the Purchaser, the Owner fails to deliver possession of the Unit within 30 June, 2014, the Owner shall pay interest on the amount to be paid by the Purchaser till that date at the rate of 9% per annum from 1st July, 2014 till the expiry of the notice of possession and adjustable with the last instalment. If the Owner fails to deliver possession of the said Unit to the Purchaser within 31st December, 2014, then this agreement would come to an end and the Owner shall refund to the Purchaser the entire amount paid by the Purchaser together with interest thereon at the rate of 9% per annum from 1st July, 2014 till the date of payment.”

9. Learned Advocate for the complainants has submitted that as per the terms and conditions of the agreement, the complainants are entitled to interest @ 9% p.a. from 1.7.2014 till intimation of possession i.e. 14.1.2016 and further interests from the said date till the date of actual date of payment @ 18% p.a. but when without paying any amount of compensation, OP No. 1 Company has delivered the flat in question, it amounts to deficiency in services on the part of OP No. 1 Company.

10. Mr. Rajarshi Datta, learned Advocate for the OPs, on the other hand, has contended that when the complainants had received possession of the unit/flat without raising any dispute, they are not entitled to any compensation.

11. The learned Advocate for the OPs has further submitted that Sri Pinaki Guha Thakurta, who deposed on behalf of the complainants on the strength of Power of Attorney, is not a competent person to depose as he has no knowledge about the transactions between the complainants and the OP company. To fortify his submission the learned Advocate for the OPs has placed reliance to a decision of Karnataka High Court reported in 2014 (1) ICC 915 (Abdul Basheer and Anr v. State of Karnataka and Ors.).

12. At the outset it would be worthwhile to record that once the complaint was dismissed for default by order No. 8 dated 9.10.2018. However, by order of the Hon’ble National Commission dated 22.1.2019 in FA/2107/2018 to FA/2016/2018 the said order of dismissal was set aside and there is a direction to dispose of the complaint preferably within six months. Despite best effort, the complaint could not be disposed of within six months from the date on account of cease work observed by the members of the Bar Council of West Bengal for about long two months and further Puja Vacation for 15 days.

13. It should also not be out of place to mention here that during the pendency of the proceeding the name of Happy Highrises Ltd. was deleted and the name of Godrej Properties Ltd. was substituted in view of the order passed by the National Company Law Tribunal, Mumbai Bench dated 29.3.2017 in Transfer Company Scheme Petition No. 23 of 2017.

14. The materials on record make it quite clear that on 8.3.2013 the complainants had entered into an agreement with Happy Highrises Limited to purchase of a residential flat measuring about 1,359 sq. ft. super built up area being Unit No. 1803 on the 18th floor in the Tower named ‘Aravali’ together with right to use one multi level car parking space as mentioned in part-I and part-II of Third Schedule to the agreement for sale in the complex christened ‘Godrej Prakriti’ lying and situated at Municipal holding No. 187F/1, B.T. Road, P.S.-Khardah, Kolkata-700115, Dist-North 24 Parganas within the local limits of Ward No. 14 of Panihati Municipality at a total consideration of Rs. 42,50,669 for the flat and Rs. 2,50,000 for the car parking space aggregating Rs. 44,50,669. As per terms of the agreement, the OP company was under obligation to handover the subject flat within 30.6.2014 which may be extended till 31.12.2014 subject to payment of compensation.

15. It remains undisputed that the sale deed was executed in favour of the complainants on 22.7.2016 and prior to that notice of possession was delivered to the complainants on 14.1.2016.

It is undisputed proposition of law that the parties are bound by the terms of Agreement. A person who signs a document contain certain contractual terms is normally bound by them even though he is ignorant of their precise legal effect. In a decision reported in II (1996) CPJ 25 (SC)=1996 (SLT SOFT) 2155=AIR 1996 SC 2508, Bharati Knitting Company v. DHL Worldwide Express Courier Division of Airfreight Ltd., the Hon’ble Supreme Court has observed thus:

“It is seen that when a person signs a document which contains certain contractual terms, as rightly pointed out by Mr. R.F. Nariman, learned Senior Counsel, that normally parties are bound by such contract; it is for the party to establish exception in a suit. When a party to the contract disputes the binding nature of the signed document, it is for him to prove the terms in the contract or circumstances in which he came to sign the documents need to be established. The question we need to consider is whether the District Forum or the State Commission or the National Commission could go behind the terms of the contract? It is true, as contended by Mr. M.N. Krishanmani, that in an appropriate case, the Tribunal without trenching upon acute disputed question of facts may decide the validity of the terms of the contract based upon the fact situation and may grant remedy. But each case depends upon it own facts. In an appropriate case where there is an acute dispute of facts necessarily the Tribunal has to refer the parties to original Civil Court established under the CPC or appropriate State law to have the claims decided between the parties. But when there is a specific term in the contract, the parties are bound by the terms in the contract”.

Therefore, as per Clause 15.5 to the Agreement for Sale, the OP No. 1 Company was under obligation to pay compensation @ 9% p.a. from 1.7.2014 till the date of notice of possession i.e. on 7.9.2015 and further they are liable to pay the said amount till the date of payment.

16. Having heard both sides and keeping in view the facts and circumstances of the case coupled with the observation of the Hon’ble Supreme Court in the case of Bharati Knitting Company Pvt. Ltd. (supra), we have no hesitation to hold that when there is specific terms in the agreement that the OP No. 1 Company will handover the possession within 30.6.2014 and failed to do so, certainly it amounts to deficiency in services within the meaning of Section 2(1)(g) read with Section 2(1)(o) of the Act. There

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fore, when the OP No. 1 Company with open eyes executed the Agreement for Sale with an undertaking to pay interests @9% p.a. on failure on their part to handover the possession within 30.6.2014, certainly the complainants are entitled to compensation in the form of simple interest @ 9% p.a. from the committed date of possession i.e. from 1.7.2014 till the date of realisation of the entire amount. In this regard, the competency or in competency of giving evidence by the constituted Attorney of the Complainants are irrelevant consideration because the Agreement of Sale itself indicates that the complainants are entitled to compensation @ 9% p.a. in accordance with the terms of Agreement. Under compelling circumstances, the complainants have to come up in this Commission to lodge complaint and as such they are entitled to litigation cost which we quantify at Rs. 10,000. With the above discussion, complaint is allowed on contest with the following directions: (i) The Opposite Party No. 1 Company Godrej Properties Ltd. is directed to pay compensation in the form of simple interest @ 9% p.a. over the amount of Rs. 44,50,669 to the complainants from 1.7.2014 till its realisation; (ii) The Opposite Party No. 1 Company Godrej Properties Ltd. is directed to pay Rs. 10,000 to the complainants as costs of litigation; (iii) The above payments should be paid within 90 days in terms of the above order. Complaint allowed.
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