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



Saurabh Kar & Another v/s Kolkata West International City Pvt. Ltd. & Another


Company & Directors' Information:- KOLKATA WEST INTERNATIONAL CITY PRIVATE LIMITED [Active] CIN = U45201WB2004PTC100310

Company & Directors' Information:- CITY CORPORATION LIMITED [Active] CIN = U45202PN2003PLC018435

Company & Directors' Information:- K N INTERNATIONAL LIMITED [Active] CIN = U45201UP2002PLC026841

Company & Directors' Information:- D B H INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1950PTC057209

Company & Directors' Information:- V AND S INTERNATIONAL PVT LTD [Active] CIN = U74899DL1992PTC049964

Company & Directors' Information:- S S A INTERNATIONAL LTD [Active] CIN = U15122DL1995PLC068186

Company & Directors' Information:- A T N INTERNATIONAL LIMITED [Active] CIN = L65993WB1983PLC080793

Company & Directors' Information:- D D INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909PB1995PTC016929

Company & Directors' Information:- T K INTERNATIONAL LIMITED [Active] CIN = U55101OR1982PLC001092

Company & Directors' Information:- N R INTERNATIONAL LIMITED [Active] CIN = L74999WB1991PLC051738

Company & Directors' Information:- K J INTERNATIONAL LIMITED [Active] CIN = L15142PB1993PLC011274

Company & Directors' Information:- A K S INTERNATIONAL LIMITED [Active] CIN = U74899DL1996PLC076327

Company & Directors' Information:- S P INTERNATIONAL PRIVATE LIMITED [Active] CIN = U70100WB1994PTC063228

Company & Directors' Information:- B. K. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74999DL2006PTC157013

Company & Directors' Information:- R S C INTERNATIONAL LIMITED [Active] CIN = L17124RJ1993PLC007136

Company & Directors' Information:- J C INTERNATIONAL LIMITED [Active] CIN = U51109WB1999PLC089037

Company & Directors' Information:- M T L INTERNATIONAL PRIVATE LIMITED [Amalgamated] CIN = U24219UP2001PTC025965

Company & Directors' Information:- T C N S INTERNATIONAL PRIVATE LIMITED [Amalgamated] CIN = U51311DL1996PTC080096

Company & Directors' Information:- K V S INTERNATIONAL PRIVATE LIMITED [Active] CIN = U18101DL2003PTC120770

Company & Directors' Information:- G N INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909DL2001PTC110766

Company & Directors' Information:- S H A M INTERNATIONAL PRIVATE LIMITED [Active] CIN = U45200MH1994PTC079867

Company & Directors' Information:- M K INTERNATIONAL LIMITED [Active] CIN = U51909DL1996PLC083430

Company & Directors' Information:- V. G. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51101DL2007PTC162540

Company & Directors' Information:- D R INTERNATIONAL PRIVATE LIMITED [Active] CIN = U24132DL1996PTC079867

Company & Directors' Information:- R H INTERNATIONAL LIMITED [Active] CIN = U72900DL2007PLC159452

Company & Directors' Information:- G & G INTERNATIONAL PRIVATE LIMITED [Active] CIN = U17120DL2012PTC234047

Company & Directors' Information:- A & D INTERNATIONAL PRIVATE LIMITED [Active] CIN = U36109RJ2007PTC024176

Company & Directors' Information:- K A I INTERNATIONAL PRIVATE LIMITED [Active] CIN = U13100OR2007PTC009647

Company & Directors' Information:- C G INTERNATIONAL PRIVATE LIMITED [Active] CIN = U99999MH1996PTC097577

Company & Directors' Information:- K C INTERNATIONAL LIMITED [Active] CIN = U74899DL1994PLC060402

Company & Directors' Information:- M P INTERNATIONAL PRIVATE LIMITED [Active] CIN = U29130MH1997PTC107943

Company & Directors' Information:- A S INTERNATIONAL LIMITED [Strike Off] CIN = U74899DL1993PLC056158

Company & Directors' Information:- H C S INTERNATIONAL PRIVATE LIMITED [Active] CIN = U15312PB2012PTC036219

Company & Directors' Information:- L N G INTERNATIONAL LIMITED [Active] CIN = U51909DL1993PLC053438

Company & Directors' Information:- SAURABH (INDIA) PRIVATE LIMITED [Active] CIN = U74899DL1994PTC059163

Company & Directors' Information:- S. D. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74900UP2008PTC036047

Company & Directors' Information:- S AND I INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909DL1995PTC072210

Company & Directors' Information:- L T INTERNATIONAL LIMITED [Active] CIN = U74899DL1999PLC097892

Company & Directors' Information:- A. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51102GJ2008PTC053840

Company & Directors' Information:- S J M INTERNATIONAL LIMITED [Active] CIN = U52110DL1987PLC028571

Company & Directors' Information:- S B S INTERNATIONAL PRIVATE LIMITED [Active] CIN = U18101DL1997PTC085878

Company & Directors' Information:- R. A. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51225DL2008PTC177405

Company & Directors' Information:- B G INTERNATIONAL PRIVATE LIMITED [Active] CIN = U50300PB2014PTC038889

Company & Directors' Information:- S F INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74999PB2000PTC023654

Company & Directors' Information:- I K INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1995PTC066267

Company & Directors' Information:- C K INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1991PTC045625

Company & Directors' Information:- L A INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909PB2010PTC033683

Company & Directors' Information:- H R V INTERNATIONAL PRIVATE LIMITED [Amalgamated] CIN = U74899UP1993PTC057665

Company & Directors' Information:- K P INTERNATIONAL PRIVATE LIMITED [Active] CIN = U24110GJ2007PTC050026

Company & Directors' Information:- V S INTERNATIONAL PRIVATE LIMITED [Active] CIN = U85100MH1997PTC109647

Company & Directors' Information:- N N INTERNATIONAL PRIVATE LIMITED [Active] CIN = U01111DL1999PTC099094

Company & Directors' Information:- S R V INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74140DL2012PTC243060

Company & Directors' Information:- U M I INTERNATIONAL LTD [Strike Off] CIN = U51909WB1990PLC049671

Company & Directors' Information:- A. R. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51900MH2010PTC228539

Company & Directors' Information:- B R INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1993PTC055562

Company & Directors' Information:- M J INTERNATIONAL PRIVATE LIMITED [Amalgamated] CIN = U74899DL1982PTC013231

Company & Directors' Information:- D N INTERNATIONAL LIMITED [Active] CIN = U36911TN1996PLC034205

Company & Directors' Information:- M. H. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U70102DL2007PTC164267

Company & Directors' Information:- SAURABH INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909DL2001PTC112826

Company & Directors' Information:- H AND Z INTERNATIONAL LIMITED [Active] CIN = U10102AS1995PLC004509

Company & Directors' Information:- M G M INTERNATIONAL PVT LTD [Active] CIN = U74899DL1982PTC013580

Company & Directors' Information:- A. SAURABH AND COMPANY PRIVATE LIMITED [Active] CIN = U74899DL1983PTC015394

Company & Directors' Information:- J J INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51109DL1992PTC047657

Company & Directors' Information:- H D INTERNATIONAL LIMITED [Active] CIN = U74899DL1994PLC060720

Company & Directors' Information:- K. A. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51101UP2012PTC049338

Company & Directors' Information:- J & G INTERNATIONAL PRIVATE LIMITED [Active] CIN = U18109DL2012PTC238392

Company & Directors' Information:- K R INTERNATIONAL PRIVATE LIMITED [Active] CIN = U17291DL2008PTC172188

Company & Directors' Information:- S P INTERNATIONAL PVT LTD [Strike Off] CIN = U99999UP1965PTC003091

Company & Directors' Information:- J M INTERNATIONAL PVT LTD [Active] CIN = U45201WB1991PTC050829

Company & Directors' Information:- K. S. CITY PRIVATE LIMITED [Active] CIN = U45201MP2006PTC018691

Company & Directors' Information:- D P C INTERNATIONAL PVT LTD [Active] CIN = U74210WB1984PTC037378

Company & Directors' Information:- B M INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1992PTC048736

Company & Directors' Information:- S G INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51109WB1998PTC086547

Company & Directors' Information:- B N INTERNATIONAL PRIVATE LIMITED [Active] CIN = U15412WB1999PTC089316

Company & Directors' Information:- V A INTERNATIONAL PRIVATE LIMITED [Active] CIN = U01111DL2000PTC104712

Company & Directors' Information:- S. J. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U27310DL2007PTC169438

Company & Directors' Information:- N H B INTERNATIONAL PRIVATE LIMITED [Converted to LLP] CIN = U67190MH1997PTC107387

Company & Directors' Information:- P D K INTERNATIONAL PVT LTD [Active] CIN = U74140WB1992PTC056468

Company & Directors' Information:- G. S. C. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U29120MH1994PTC080380

Company & Directors' Information:- A J INTERNATIONAL PRIVATE LIMITED [Converted to LLP] CIN = U74899DL1994PTC060818

Company & Directors' Information:- J S M INTERNATIONAL LIMITED [Active] CIN = U85110KA1996PLC020046

Company & Directors' Information:- M K N INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909DL2002PTC117207

Company & Directors' Information:- N M INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74120MH2012PTC234492

Company & Directors' Information:- S S M INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909DL1997PTC089876

Company & Directors' Information:- A P J INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51909HR2010PTC040304

Company & Directors' Information:- T. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U72900DL1997PTC091049

Company & Directors' Information:- V R INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51101UP2011PTC043952

Company & Directors' Information:- A & F INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U00265KA1995PTC018998

Company & Directors' Information:- M E C INTERNATIONAL PRIVATE LIMITED [Active] CIN = U33111GJ1963PTC082423

Company & Directors' Information:- J K INTERNATIONAL PRIVATE LIMITED [Active] CIN = U01100MH2004PTC144492

Company & Directors' Information:- D. S. R. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74999UP2010PTC039954

Company & Directors' Information:- B L S INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74900UR2010PTC033210

Company & Directors' Information:- R B INTERNATIONAL LTD [Strike Off] CIN = U18101WB1993PLC059515

Company & Directors' Information:- P Y INTERNATIONAL PRIVATE LIMITED [Converted to LLP] CIN = U51102RJ1995PTC010133

Company & Directors' Information:- R C INTERNATIONAL LIMITED [Strike Off] CIN = U51909TG1991PLC012477

Company & Directors' Information:- N J INDIA INTERNATIONAL LIMITED [Strike Off] CIN = U70101UP2004PLC028722

Company & Directors' Information:- I AND A INTERNATIONAL PRIVATE LIMITED [Active] CIN = U72200TG1995PTC019936

Company & Directors' Information:- P V INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1998PTC094598

Company & Directors' Information:- I B INTERNATIONAL PRIVATE LIMITED [Under Process of Striking Off] CIN = U72200DL2000PTC105735

Company & Directors' Information:- A M INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U74899DL1995PTC066228

Company & Directors' Information:- K K M INTERNATIONAL PRIVATE LIMITED [Active] CIN = U17110MH1995PTC089836

Company & Directors' Information:- Z. H. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U21098MH2010PTC210735

Company & Directors' Information:- J R INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909TN2002PTC048744

Company & Directors' Information:- L S INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U74999DL2009PTC193390

Company & Directors' Information:- M B INTERNATIONAL PVT LTD [Strike Off] CIN = U52190DL2001PTC110572

Company & Directors' Information:- O K R INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U74900DL1996PTC077152

Company & Directors' Information:- B B C INTERNATIONAL PVT LTD [Strike Off] CIN = U25209WB1984PTC037383

Company & Directors' Information:- K S INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51909MH2001PTC134345

Company & Directors' Information:- A TO Z INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51101TN1992PTC022507

Company & Directors' Information:- C & A INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51900MH1982PTC026718

Company & Directors' Information:- J S INTERNATIONAL PVT LTD [Strike Off] CIN = U51900MH1982PTC027604

Company & Directors' Information:- A C INDIA INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1989PTC034784

Company & Directors' Information:- S. S. N. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U29306DL1981PTC012616

Company & Directors' Information:- INDIA INTERNATIONAL COMPANY PRIVATE LIMITED [Active] CIN = U51228MH1955PTC009483

Company & Directors' Information:- R K INTERNATIONAL PVT LTD [Strike Off] CIN = U63040PB1982PTC004926

Company & Directors' Information:- L & P INTERNATIONAL PRIVATE LIMITED [Active] CIN = U52100DL2016PTC292025

Company & Directors' Information:- J D K INTERNATIONAL PVT LTD [Active] CIN = U74899DL1982PTC014087

Company & Directors' Information:- R B N INTERNATIONAL PRIVATE LIMITED [Active] CIN = U52300DL2012PTC243998

Company & Directors' Information:- P AND P INTERNATIONAL PRIVATE LIMITED. [Strike Off] CIN = U24100OR1993PTC003244

Company & Directors' Information:- B P INTERNATIONAL PVT LTD [Strike Off] CIN = U31909HP1984PTC005785

Company & Directors' Information:- E C INTERNATIONAL PVT LTD [Strike Off] CIN = U99999DL1982PTC013146

Company & Directors' Information:- R A R E INTERNATIONAL PRIVATE LIMITED [Active] CIN = U31900DL2005PTC134395

Company & Directors' Information:- H & D CITY PRIVATE LIMITED [Strike Off] CIN = U70102UP2015PTC068088

Company & Directors' Information:- S R A INTERNATIONAL PVT LTD [Strike Off] CIN = U99999DL1980PTC010389

Company & Directors' Information:- R Z INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74900KA2012PTC064445

Company & Directors' Information:- M M INTERNATIONAL PVT LTD [Converted to LLP] CIN = U51312DL1977PTC008583

Company & Directors' Information:- A K INDIA INTERNATIONAL PRIVATE LTD [Strike Off] CIN = U45201DL1981PTC012389

Company & Directors' Information:- O P INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U55101PB2013PTC037499

Company & Directors' Information:- J & A INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51900PB2013PTC037302

Company & Directors' Information:- A P M INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U74900TN2014PTC095953

Company & Directors' Information:- Y. A. INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U74900RJ2012PTC040431

Company & Directors' Information:- D & A INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74999MH2015PTC262713

Company & Directors' Information:- R L INTERNATIONAL PRIVATE LIMITED [Active] CIN = U18204UP2016PTC076344

Company & Directors' Information:- V P S INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U93030UP2014PTC066242

Company & Directors' Information:- J V INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51102DL2012PTC240197

Company & Directors' Information:- S R L INTERNATIONAL PRIVATE LIMITED [Under Process of Striking Off] CIN = U20296AP2013PTC085533

Company & Directors' Information:- M D INTERNATIONAL LIMITED [Active] CIN = U74140MH1981PTC025007

Company & Directors' Information:- INTERNATIONAL CO PRIVATE LIMITED [Strike Off] CIN = U51109UR1935PTC000663

Company & Directors' Information:- A B C INTERNATIONAL PVT LTD [Strike Off] CIN = U99999DL1990PTC041062

Company & Directors' Information:- D C M INTERNATIONAL LTD. [Strike Off] CIN = U99999DL2000PTC004208

Company & Directors' Information:- B C I INTERNATIONAL LIMITED [Strike Off] CIN = U74900DL1977PLC008468

    Complaint Case No. CC/196/2016

    Decided On, 24 February 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: Souvik Chatterjee, Advocate. For the Opp. Party: P.R. Bakshi, Gadadhar Mukherjee, 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 instance of a couple/intending purchaser against the developer (Opposite Party No. 1) and its Authorised Signatory (Opposite Patty No. 2) on the allegation of deficiency of services, primarily on the part of Opposite Party No. 1 in a dispute of housing construction.

Succinctly put, complainants’ case is that on the representation made by OPs, they have submitted an application in the company’s prescribed form on 13.02.2010 for allotment of Bungalow/Twin House/Row House in ‘Nirvana Country’ being unit bearing cluster B Row No. 04, Unit No. 08, Type 6x12, on plot size 72 sq. meters approx (775.01 sq. ft. approximately) building area of 1048 sq. ft approximately in a project christened, Kolkata West International City (KWIC) proposed to be developed on land situated at Mouza- Kona, Baltikuri, Pakuria, Bankra, Salap, Tetulkuti and Khalia in the at Salap Junction, Howrah-Amta Road and Bombay Road Crossing in the District of Howrah at a total consideration of Rs. 24,72,197/- as opting a discount of 9% payable as per payment plan A. Pursuant to registration of the said unit, complainant paid the amount of Rs. 2,60,068/- by a cheque for provisional allotment of the said unit. On 21.03.2010 they have paid a sum of Rs. 2,11,516/- towards the instalment of the said unit. Upon receipt of the said booking amounts, the company has entered into buyer’s agreement containing standard terms and conditions cum allotment agreement with the complainants. The agreement contains various terms and conditions with respect of sale and purchase of the said unit bearing No. B-04-0008. The complainants have stated that the company promised to deliver the possession of the unit within November, 2011 and on the basis of such undertaking, complainants obtained loan of Rs. 17,81,379/- and disbursed the sum in favour of OP No. 1 company and thereby have paid Rs. 22,53,586/- as part consideration amount towards the said total consideration amount of Rs. 24,72,197/- leaving a balance of Rs. 1,18,610/-. The complainants have stated that after expiry of stipulated period time and again they have requested developer to handover the possession but the OPs No. 1 delayed and neglected to handover the possession. However, by a letter dated 21.06.2013 the OP No. 1 company informed that they are willing to handover the possession on payment of balance of 5% consideration. The complainants have stated that after visiting the spot they found that neither the construction of the said unit was completed nor the said plot along with said unit was in any way fit for human habitation and as such the complainants refused to take the physical possession of the said unit until the balance works are finished by the company. The complainants have stated that there has been delay of more than 4 years on the part of OP No. 1 in handing over the possession of the unit from the date of delivery of possession. On 25.02.2015 the complainants through their Advocate sent a notice to the OPs to take action but the OPs did not pay any heed in giving reply to the same. Hence, the complainants approached this commission with prayer for following reliefs, viz.- (a) to direct the OPs to provide possession and registration of the said flat along with relevant papers alternatively to refund Rs. 22,53,586/-; (b) to pay compensation of Rs. 21,41,046/- for harassment and mental agony; (c) to pay Rs. 35,000/-as costs of litigation etc.

The Opposite Parties by filing a written version have admitted the existence of the agreement between them and the complainants and payment of Rs. 22,53,586/- by the complainants as part consideration amount out of total consideration of Rs. 24,72,197/-. The OPs have stated that by a letter dated 21.06.2013 they informed the complainants that they have received the Occupancy Certificate and also forwarded the final invoice for the said unit from the Kolkata Metropolitan Development Authority (KMDA) and that they shall handover the said unit upon payment of the amount stated in the final invoice. The OPs have stated that time and again they have requested the complainants to take the possession of the unit but on different pretexts the complainants did not take possession of the same. The Opposite Parties have stated that at all material time they acted with all bona fide to handover the project to the complainants and they are still acting with due diligence to complete the said project and to handover the same to all the respective unit allottees including the complainants. The OPs submitted that as there is no deficiency of services on the part of them, the complaint should be dismissed.

Both the parties have tendered evidence through affidavit. They have also given reply against the questionnaire set forth by their adversaries. Both the parties have relied upon several documents in support of their respective cases. However, at the time of final hearing though the complainants were represented through the Ld. Advocate yet in accordance with Regulation 13(2) of the Consumer Protection Regulations, 2005 they have not filed any brief notes of argument. However, OP Nos. 1 and 2 have filed brief notes of argument in support of their case.

The pleadings of the parties and the evidence on record clearly indicate that on 18.02.2010 the complainants applied and submitted their application to the OP No. 1 for allotment of a Row House being plot no. B/04/08 measuring about a built up area of 1048 sq. ft. in phase 1 in ‘Nirvana Country’ in a project of Kolkata West International City (OP No. 1 company) proposed to be developed on the land situated in Mouza-Kona Baltikuri, Pakuria, Bankra, Salap, Tetulkuti and Khalia in the at Salap Junction, Howrah-Amta Road and Bombay Road Crossing in the District of Howrah at a total consideration of Rs. 24,72,197/- as opting a discount of 9% payable as per payment plan A. At the time of submission of their application form for the purpose of booking of the said Row House, complainants paid a sum of Rs. 2,60,000/- by way of booking money. On 18.02.2010 the OP No. 1 company issued an allotment letter with payment schedule in favour of the complainants and allotted the said Row House in favour of the complainants, on 12.03.2010 buyer’s agreement known as standard terms and conditions cum allotment agreement was duly entered into and executed by and between the complainants on the one hand and the OP No. 1 on the other hand in respect of the Row House. It remains undisputed that in order to defray the expenses to purchase the said flat, in accordance with tripartite agreement, the complainants obtained loan from HDFC and HDFC has sanctioned loan and disbursed the amount of Rs. 17,81,339/- in favour of the company. It may be pertinent to record here that on 21.03.2010 the complainants have already paid the amount of Rs. 2,11,516/-. Therefore, the complainants have paid Rs. 22,53,586/- in total as part consideration amount towards the said total consideration amount of Rs. 24,72,197/- leaving a balance amount of Rs. 1,18,610/-.

The evidence on record speaks that the OP No. 1 company promised to deliver the possession within November, 2011. However, they could keep their promise to deliver the possession of the unit in question within the time framed. However, by a letter dated 21.06.2013 the OP No. 1 company informed the complainants that they have received the Occupancy Certificate from the KMDA on 07.06.2013 and requested the complainants to take possession of the flat subject unit. The complainants annexed the said document along with their petition of complaint appended therewith statement of account as on 21.06.2013. By the said letter the OP No. 1 company requested the complainants to take possession and to receive compensation of Rs. 25,310/- for the delay in delivery of possession as per terms of the agreement.

In the petition of complaint itself the complainants have stated that they did not take possession as the subject flat was not inhabitable condition. There were exchange of letters between the parties but ultimately the complainants without taking possession of the subject flat has lodged the complaint on 04.05.2016.

When the record was taken up for final hearing Mr. Abhik Kumar Das, Ld. Advocate for OP Nos. 1 and 2, on instruction of Mr. Sanjib Banerjee, Legal Manager of OP No. 1 company has submitted that his client without pressing clause No. 5.3 of the agreement regarding claim of holding over of the flat is agreeable to deliver possession on condition that the complainants will not claim Rs. 25,310/- entitled by them as par letter of delivery of possession dated 21.06.2013. Mr. Souvik Chatterjee, Ld. Advocate for the complainants agreed to the said proposal and prays for a direction upon the OP No. 1 company for execution of sale deed within a month from date.

Having heard the Ld. Advocate for the respective parties and on going through the materials on record it would reveal that the OP No. 1 company as per terms of the agreement has failed to delive

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r possession within November, 2011 and issued the latter of delivery of possession about 18 months later i.e. in June, 2013 and thereby deficient in rendering services. However, the complainants have also contributed the negligence by not taking possession on receiving Rs. 25,310/-. Moreover, had there been any grievances, the complainants could have filed the complaint much earlier and to prove the shortcomings of developer, could have made a prayer for appointment of an Engineer Commissioner to ascertain the actual state of affairs. Considering all the above, the instant complaint stands disposed of with the following directions: (i) The Opposite Party No. 1 is directed to deliver possession and to execute the sale deed in respect of the flat as mentioned in schedule to the petition of complaint in favour of the complainants within 45 days from date; (ii) The Opposite Party No. 1 is directed to pay Rs. 10,000/- to the complainants as costs of litigation within 45 days from date.
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