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



Kalyani Saha & Another v/s M/s. Chowdhury Projects Pvt. Ltd. & Another


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:- KALYANI INDIA PRIVATE LIMITED [Active] CIN = U51909AS1998PTC005602

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:- J T L PROJECTS PRIVATE LIMITED [Active] CIN = U70101KL2006PTC019439

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:- 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:- SAHA (INDIA) PRIVATE LIMITED [Strike Off] CIN = U67120KA1991PTC012267

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:- S C T PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45201DL2008PTC184418

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:- CHOWDHURY PROJECTS PRIVATE LIMITED [Active] CIN = U70101WB1998PTC087045

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:- SAHA INDIA PROJECTS LIMITED [Strike Off] CIN = U70109WB2010PLC142949

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:- D H V PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45200TG2005PTC045988

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:- KALYANI PROJECTS PRIVATE LIMITED [Strike Off] CIN = U70101WB1997PTC085965

Company & Directors' Information:- B R T PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45203TG1996PTC025021

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

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

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

Company & Directors' Information:- C K B PROJECTS INDIA LIMITED [Strike Off] CIN = U70102WB2012PLC188740

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:- P. S. PROJECTS PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U70109WB2011PTC170655

Company & Directors' Information:- K K SAHA AND CO PVT LTD [Strike Off] CIN = U51109WB1938PTC009499

Company & Directors' Information:- J K CHOWDHURY & CO PVT LTD [Active] CIN = U19129WB1949PTC017580

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

Company & Directors' Information:- H. K. PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45400WB2007PTC116467

Company & Directors' Information:- D M C PROJECTS PRIVATE LIMITED [Strike Off] CIN = U74140WB2005PTC105972

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:- L C SAHA PVT LTD [Strike Off] CIN = U32305WB1935PTC008249

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:- B N SAHA CO PVT LTD [Strike Off] CIN = U12000WB1938PTC009498

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:- A R P PROJECTS PRIVATE LIMITED [Active] CIN = U45200HR2012PTC044979

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:- R M S PROJECTS PVT LTD [Strike Off] CIN = U74210DL1975PTC007946

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

Company & Directors' Information:- KALYANI & CO. LTD [Strike Off] CIN = L51909WB1943PLC011297

    Complaint Case No. CC/287/2014

    Decided On, 24 January 2020

    At, West Bengal State Consumer Disputes Redressal Commission Kolkata

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

    For the Complainant: Sumita Roy chowdhury, Advocate. For the Opp. Party: Avijit Chatterjee, Advocate.



Judgment Text


The instant complaint under section 17 of the Consumer Protection Act, 1986 (for brevity, ‘the Act’) is at the instance of a mother and son being intending purchaser against the developer/builder (Opposite Party No.1) and the landowner (Opposite Party No. 2) on the allegation of deficiency of services on the part of Opposite Parties in a dispute of housing construction.

Succinctly put, complainant’s case is that on 08.02.2011 they entered into an agreement with the Opposite Parties to purchase one self-contained flat measuring about 869 sq. ft. super built up area being flat No. ‘B’ on the 3rd floor with undivided proportionate share in land lying and situated at premises No. 218/1, S.K. Deb Road, P.S.- Lake Town, Kolkata- 700048, Dist- North 24 Parganas within the local limits of Ward No. 34 of South Dum Dum Municipality at a total consideration of Rs. 21,72,500/-. The complainants have stated that they have already paid Rs. 19,55,250/- as part consideration amount towards the said total consideration amount leaving a balance consideration amount of Rs. 2,17,250/-. The complainants have also stated that in order to earning livelihood of complainant No. 2 i.e. un-employed son of complainant No. 1, they had also entered into an agreement with the OPs on 05.05.2011 to purchase of a shop room measuring an area of 170 sq. ft. more or less being shop room No. 2 on the ground floor of the said premises at a total consideration of Rs. 8,50,000/-. The complainants have stated that they have already paid Rs. 2,11,000/- as part consideration amount towards the said total consideration amount of Rs. 8,50,000/-. As per terms of the agreement, OP No. 1 i.e. the developer was under obligation to handover the said flat and the shop room within 18 months from the date of obtaining sanctioned plan from the Municipality. The complainants have alleged that the building plan was sanctioned by the Municipality on 26.08.2011 but the developer has failed to fulfil his part of obligations in handing over the possession of the subject flat and the subject shop room within 18 months from the date of sanctioned building plan on receipt of balance consideration amount. In this regard, all the requests and persuasions went in vain. Hence, the complainants have approached this Commission with prayer for following reliefs, viz.- (a) to direct the OP No. 1 to handover the possession of the flat in habitable condition to the complainants; (b) to direct the OP Nos. 1 and 2 to execute the deed of conveyance in respect of flat in question; (c) to direct the OP No. 1 to pay interest @18% p.a. from February, 2013 till the date of handing over the possession of the flat in habitable condition; (d) to direct the OP No. 1 to handover the possession of the shop room to the complainants; (e) to direct the OP Nos. 1 to 2 to register deed of conveyance in respect of shop room No. 2 in favour of complainants after receiving the balance consideration amount; (f) to direct the OP No. 1 to pay compensation of Rs. 4,00,000/- towards the mental agony and harassment; (g) to direct the OPs to pay litigation cost of Rs. 50,000/- etc.

The Opposite Party No. 1/developer by filing a written version has admitted that the agreement for sale under which he was obliged to handover the possession of the flat and shop room within 18 months from the date of sanctioned of building plan upon receipt of total consideration amount. The OP No. 1 has stated that the building plan was sanctioned on 28.08.2011 but it was delivered much later and on account of local hazards, he was compelled to stop the construction work which caused delay to complete the construction work. The OP No. 1 has stated that in the last week of September, 2014 he mostly completed the building and deliver the possession and of the flat and shop room to other purchasers. The OP No. 1 has further stated that being developer he never denied the legitimate demand of the complainants regarding delivery of possession of the flat and shop room.

The Opposite Party No. 2 (landowner) by filing a separate written version has stated that the OP No. 1/developer has not yet handed over him the owner’s allocation for which he lodged a complaint against the developer and the same is still pending for disposal. He has further stated that as no privity of contact exists between him and the complainants and further there was no deficiency of services on the part of him, the complaint should be dismissed against him.

The parties have tendered evidence through affidavit. They have also given reply against the questionnaire set forth by their adversaries. Besides the same, the parties have relied upon several documents. Though all the parties were represented through their Ld. Advocates but in accordance with the Rule 13(2) of Consumer Protection Regulations, 2005 either of the parties has not filed any brief notes of argument in support of their cases.

The pleadings of the parties and the evidence on record make it quite clear that OP No. 2 is the absolute owner of a piece and parcel of land measuring about 2 cottahs 11 chittaks and 25 sq. ft. together with a structure standing thereon lying and situated at premises No. 218/1, S.K. Deb Road, P.S.- Lake Town, Kolkata- 700048, Dist- North 24 Parganas within the local limits of Ward No. 34 of South Dum Dum Municipality.

In order to raise construction of a G+4 storied building over the said property on 25.10.2010 the OP No. 2 had entered into an agreement with the OP No. 1 for construction of several self-contained flats, car parking space and shop rooms according to the building plan to be sanctioned by South Dum Dum Municipality. The OP No. 2 being landowner also executed one General Power of Attorney thereby appointed Sri Soumitra Chowdhury, Managing Director of OP No.1 company as its Constituted Attorney to take all actions including to enter into an agreement for sale with the intending buyers etc.

Pursuant to the said power conferred upon him, on 18.02.2011 OP No.1 had entered into an agreement for sale with the complainants to sell one self-contained flat measuring about 869 sq. ft. super built up area being flat No. ‘B’ on the 3rd floor in the said newly constructed building at a total consideration of Rs. 21,72,500/-. It is not in dispute that the complainants have already paid Rs. 19,55,255/- as part consideration amount towards the said total consideration amount leaving a balance only of Rs. 2,17,250/-.

The evidence on record also speaks that at the relevant time complainant No. 2 i.e. the son of complainant No. 1 was an un-employed youth and in order to earning his livelihood to run the business, on the proposal of OP No. 1, the complainants have also entered into an agreement for sale with the OPs on 05.05.2011 to purchase of a shop room measuring about 170 sq. ft. more or less on the ground floor being shop room No. 2 on the said building at a total consideration of Rs. 8,50,000/-. It is also transpired that the complainants have already paid Rs. 2,11,000/- towards part consideration amount out of the said total consideration amount of Rs. 8,50,000/-.

Clause 12 of the agreements for sale dated 18.02.2011 and 05.05.2011 appears to be relevant which reproduces below:

“12. The possession of the said flat being Flat No. B on Third Floor, Front side (South-West Facing) situated and lying at on the land more fully and particularly described in the SCHEDULE be handed over to the purchaser/s within 18(eighteen) months from the date of sanctioned of the proposed building plan subject to payment of full amount of consideration money by the purchaser/s to the Developer.

12. The Possession of the said shop being SHOP No. 2 on Ground Floor, (South- West Corner) situated and lying at on the land more fully and particularly described in the FIRST SCHEDULE be handed over to the purchaser/s within 18(eighteen) months from the date of sanctioned of the proposed building plan subject to payment of full amount of consideration money by the purchaser/s to the Developer.”

It is trite 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 AIR 1996 SC 2508( Bharati Knitting Company –vs. – 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, Ld. 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”

In the written version the OP No.1/developer himself has admitted that he obtained sanctioned building plan from South Dum Dum Municipality on 28.08.2011. Therefore, as per commitment the OP No. 1 was under obligation to handover the subject flat and shop room within 18 months from the date of obtaining sanctioned building plan i.e. 26.02.2013. Instead of fulfilment of his obligations, the OP has taken a plea that due to delay in handing over the sanctioned building plan by the Municipality and local hazards there has been a delay in construction. However, no cogent or tangible evidence is forthcoming to that effect. In other words, the OP No.1has failed to advance any reasonable explanation for such unnecessary delay in completion of construction of the building and to deliver possession of the flat and shop room in favour of the complainants. It also appears that being frustrated against the conduct of the developer, the land owner has also lodged a consumer complaint for non-delivery of owner’s allocation. However, the OP No. 1 in paragraph No. 9 of the written version has admitted that he is ready to fulfil the legitimate demand of the complainants regarding delivery of possession of the flat and shop room as mentioned in the schedule of the petition of complaint.

The OP No. 1 in paragraph 9 of written version has mentioned that in the last week of September, 2014 they have completed the building and delivered the possession of the flat and shop to other purchasers. On behalf of complainants a series of photographs have been filed dated 18.08.2014 which clearly speaks that the building was under construction. Therefore, the plea taken by OP No. 1 that they completed construction in the last week of September, 2014 appears to be a cock and bull story.

On evaluation of materials on record and having heard the Ld. Advocates for the respective parties it would reveal that the complainants being ‘consumer’ as defined in Section 2(1)(d) of the Act hired the services of OPs, particularly the services of OP No. 1 on consideration but the OP No. 1 was found deficient in rendering services within the meaning of Section 2(1)(g) read with Section 2(1)(o) of the Act. Therefore, the complainants are entitled to some reliefs. In my view, a direction upon the OP No. 1 to deliver possession of the flat and shop room to the complainants as mentioned in the agreements for sale dated 18.02.2011 and 05.05.2011 respectively within 60 days on receipt of balance consideration amount will meet the end of justice. For the purpose of execution of sale deed, both the parties are required to be directed to execute the sale deed within 30 days from date of delivery of possession in default the complainants may get the deeds executed through the machinery of the Commission.

So far as compensation is concerned, in my view, a compensation in the form of simple interest @ 8% p.a. i.e. the prevalent bank interest from the date of possession i.e. from 01.03.2013 (committed date of possession) till the date of actual delivery of possession will sub-serve the object of justice. Under compelling circumstances, the complainants have to approach this commission for which they are entitled to litigation costs which I quantify at Rs. 20,000/-.

With the above discussions, the complaint is allowed on contest with the following directions:

(i) The Opposite Party No. 1 is directed to del

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iver possession of the flat in favour of (i) Smt Kalyani Saha, (ii) Madhumoti Saha, (iii) Sri Abhijit Saha as per Third Schedule to the agreement for sale dated 18.02.2011 and the shop room as mentioned in Third Schedule to the agreement for sale dated 05.05.2011 in favour of the complainants viz. (i) Smt Kalyani Saha and (ii) Sri Abhijit Saha within 60 days after obtaining the Completion Certificate from the South Dum Dum Municipality and after receiving the balance consideration amount from the complainants; (ii) The Opposite Party No. 1 and 2 are directed to execute and register the deed of conveyance in respect of the flat in favour of (i) Smt Kalyani Saha, (ii) Madhumoti Saha, (iii) Sri Abhijit Saha as per Third Schedule to the agreement for sale dated 18.02.2011 and the shop room as mentioned in Third Schedule to the agreement for sale dated 05.05.2011 in favour of the complainants viz. (i) Smt Kalyani Saha and (ii) Sri Abhijit Saha within 30 days from the date of delivery of possession by Opposite Party No. 1 (iii) The Opposite Party No. 1 is directed to pay compensation in the form of simple interest @ 8% p.a. from 01.03.2013 till the date of delivery of possession over the said amount already paid by the complainants; (iv) The Opposite Party No. 1 is directed to pay Rs. 20,000/- to the complainants as costs of litigation; (v) The above payments should be paid within 90 days in terms of the above order.
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