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



Subrata Kumar Bose v/s M/s. Emerald Realty LLP, earlier Emerald Realty Pvt. Ltd. & Another


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

Company & Directors' Information:- EMERALD COMPANY PRIVATE LIMITED [Active] CIN = U99999WB1940PTC128211

Company & Directors' Information:- EMERALD COMPANY LIMITED [Active] CIN = U99999WB1940PLC128211

Company & Directors' Information:- S V CORPORATION LLP [Active] CIN = AAQ-7877

Company & Directors' Information:- BOSE CORPORATION INDIA PRIVATE LIMITED [Active] CIN = U74899DL1995PTC070025

Company & Directors' Information:- P K Z REALTY LLP [] CIN = AAF-2828

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

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

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

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

Company & Directors' Information:- E C BOSE AND CO PVT LTD [Active] CIN = U61200WB1962PTC025531

Company & Directors' Information:- G R KUMAR & CO LLP [Active] CIN = AAC-1150

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

Company & Directors' Information:- A P T AND CO LLP [] CIN = AAL-8025

Company & Directors' Information:- R D N A AND CO LLP [Active] CIN = AAM-4183

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

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

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

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

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

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

Company & Directors' Information:- S P N REALTY LLP [Active] CIN = AAS-4490

Company & Directors' Information:- C A P A (INDIA) LLP [] CIN = AAF-9325

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

Company & Directors' Information:- S KUMAR AND COMPANY LLP [] CIN = AAF-9897

Company & Directors' Information:- A K L R & CO LLP [] CIN = AAK-5155

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

Company & Directors' Information:- EMERALD REALTY PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U24222WB1963PTC025918

Company & Directors' Information:- M D S & CO LLP [] CIN = AAF-2760

Company & Directors' Information:- A A A M & CO LLP [Active] CIN = AAT-1669

Company & Directors' Information:- R C A AND CO LLP [Active] CIN = AAU-3441

Company & Directors' Information:- D B Y & CO LLP [] CIN = AAF-3364

Company & Directors' Information:- C A N V A S & CO LLP [] CIN = AAG-1661

Company & Directors' Information:- D K C INDIA LLP [Active] CIN = AAZ-0766

Company & Directors' Information:- E I U INDIA LLP [] CIN = AAG-0189

Company & Directors' Information:- S S S R & COMPANY LLP [Active] CIN = AAS-6238

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

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

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

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

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

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

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

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

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

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

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

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

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

Company & Directors' Information:- M B S P & CO LLP [] CIN = AAI-4025

Company & Directors' Information:- Y N G AND CO LLP [] CIN = AAJ-6096

Company & Directors' Information:- ECOIRIA LLP [Active] CIN = AAO-2501

Company & Directors' Information:- V S K A & COMPANY LLP [Active] CIN = AAU-5542

Company & Directors' Information:- A M H K LLP [Active] CIN = AAZ-0237

Company & Directors' Information:- F A M S & CO LLP [Active] CIN = AAU-9603

Company & Directors' Information:- N K R G AND CO LLP [Active] CIN = AAX-4256

Company & Directors' Information:- H N C P & CO LLP [Active] CIN = AAT-5981

Company & Directors' Information:- V G R A N D & CO LLP [Under Process Of Strike Off] CIN = AAO-5777

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

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

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

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

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

Company & Directors' Information:- BOSE & BOSE PVT LTD [Strike Off] CIN = U45201WB1983PTC036988

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

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

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

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

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

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

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

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

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

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

Company & Directors' Information:- M L BOSE AND CO PVT LTD [Strike Off] CIN = U65993WB1923PTC004737

Company & Directors' Information:- R S A C & CO LLP [Active] CIN = AAX-1702

Company & Directors' Information:- A B D AND CO LLP [] CIN = AAG-4228

Company & Directors' Information:- D G K T & CO LLP [Active] CIN = AAY-0763

Company & Directors' Information:- R H D B & CO LLP [] CIN = AAF-9564

Company & Directors' Information:- N J S R & CO LLP [Active] CIN = AAS-6904

Company & Directors' Information:- M S T S AND CO LLP [] CIN = AAJ-9789

Company & Directors' Information:- A G N & CO LLP [Active] CIN = AAT-3343

Company & Directors' Information:- A H S G & CO LLP [Active] CIN = AAU-8429

Company & Directors' Information:- S M B CORPORATION LLP [Active] CIN = ABA-6698

Company & Directors' Information:- J K J S & CO. LLP [] CIN = AAI-5880

Company & Directors' Information:- P R AND CO LLP [Active] CIN = AAN-4788

Company & Directors' Information:- B BOSE & CO PVT LTD [Strike Off] CIN = U74992WB1945PTC012914

Company & Directors' Information:- A B A M & CO. LLP [] CIN = AAF-2113

Company & Directors' Information:- M N S H & CO LLP [] CIN = AAG-4390

Company & Directors' Information:- T & R INDIA LLP [] CIN = AAH-4079

Company & Directors' Information:- S G S R & CO LLP [] CIN = AAH-3391

Company & Directors' Information:- D M M & COMPANY LLP [] CIN = AAJ-7431

Company & Directors' Information:- Y S K AND CO LLP [Active] CIN = AAN-5713

Company & Directors' Information:- S P R M & CO LLP [Active] CIN = AAZ-7910

Company & Directors' Information:- J K K & COMPANY LLP [Active] CIN = AAX-1522

Company & Directors' Information:- K L S AND CO LLP [] CIN = AAJ-7210

Company & Directors' Information:- A Y K J & CO LLP [Active] CIN = AAS-7373

Company & Directors' Information:- K N A AND CO LLP [Active] CIN = AAU-0083

Company & Directors' Information:- H S K & CO LLP [Active] CIN = AAT-9072

Company & Directors' Information:- A BOSE PVT LTD [Active] CIN = U01122WB1929PTC006142

Company & Directors' Information:- S D U AND CO LLP [Active] CIN = AAM-9609

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

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

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

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

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

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

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

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

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

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

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

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

Company & Directors' Information:- S N BOSE & CO PVT LTD [Strike Off] CIN = U66010WB1952PTC020196

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

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

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

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

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

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

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

Company & Directors' Information:- R K BOSE PVT LTD [Strike Off] CIN = U45201WB1982PTC034540

Company & Directors' Information:- N BOSE & CO PVT LTD [Strike Off] CIN = U70109WB1947PTC015768

Company & Directors' Information:- D N BOSE AND CO PVT LTD [Strike Off] CIN = U51909WB1933PTC007694

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

Company & Directors' Information:- A P A R & CO LLP [Active] CIN = AAS-8336

Company & Directors' Information:- A A M K & CO LLP [Active] CIN = AAT-0385

Company & Directors' Information:- V U D & CO LLP [Active] CIN = AAT-1391

Company & Directors' Information:- G G REALTY LLP [Active] CIN = AAC-3120

Company & Directors' Information:- B B C REALTY LLP [Active] CIN = AAC-7032

Company & Directors' Information:- A K M W AND CO LLP [Active] CIN = AAF-4352

Company & Directors' Information:- C & S REALTY LLP [Active] CIN = AAF-5712

Company & Directors' Information:- D. T. REALTY LLP [] CIN = AAD-9805

Company & Directors' Information:- M B D & CO LLP [] CIN = AAG-6725

Company & Directors' Information:- S R J N & CO LLP [] CIN = AAH-0969

Company & Directors' Information:- A T M S & CO LLP [] CIN = AAH-2210

Company & Directors' Information:- J J J AND COMPANY LLP [] CIN = AAH-6513

Company & Directors' Information:- R. M. REALTY LLP [] CIN = AAH-9242

Company & Directors' Information:- B G K & CO LLP [] CIN = AAI-2849

Company & Directors' Information:- M N K D & CO LLP [] CIN = AAI-9526

Company & Directors' Information:- D S R V AND CO LLP [] CIN = AAJ-5358

Company & Directors' Information:- K D M AND CO LLP [] CIN = AAJ-9144

Company & Directors' Information:- S P K G & CO LLP [] CIN = AAK-1705

Company & Directors' Information:- V D S R & CO LLP [] CIN = AAK-2237

Company & Directors' Information:- M A S P N & CO LLP [] CIN = AAK-4575

Company & Directors' Information:- N P K & COMPANY LLP [] CIN = AAL-7453

Company & Directors' Information:- KUMAR REALTY LLP [] CIN = AAM-0398

Company & Directors' Information:- H V T REALTY LLP [Active] CIN = AAM-6905

Company & Directors' Information:- S S G G & CO LLP [Defunct] CIN = AAN-1510

Company & Directors' Information:- J B S K & CO LLP [Active] CIN = AAN-2033

Company & Directors' Information:- B M M A & CO LLP [Active] CIN = AAN-1144

Company & Directors' Information:- J N V AND CO LLP [Active] CIN = AAN-2581

Company & Directors' Information:- S K Y A & CO LLP [Defunct] CIN = AAN-4183

Company & Directors' Information:- D R P B AND CO LLP [Active] CIN = AAN-7871

Company & Directors' Information:- PALVIT DEVELOPERS LLP [Active] CIN = AAO-3310

Company & Directors' Information:- N G V R AND COMPANY LLP [Active] CIN = AAO-4093

Company & Directors' Information:- B D S D & CO LLP [Active] CIN = AAO-4834

Company & Directors' Information:- J A S N & CO LLP [Active] CIN = AAP-0336

Company & Directors' Information:- R S A G AND CO LLP [Active] CIN = AAP-1444

Company & Directors' Information:- D G K & CO LLP [Active] CIN = AAR-1732

Company & Directors' Information:- M J P T & CO LLP [Active] CIN = AAS-1307

Company & Directors' Information:- A B N P & CO. LLP [Active] CIN = AAS-5187

Company & Directors' Information:- P R P A & COMPANY LLP [Active] CIN = AAT-7868

Company & Directors' Information:- S M B C & COMPANY LLP [Active] CIN = AAU-0557

Company & Directors' Information:- L M R K & CO LLP [Active] CIN = AAV-4030

Company & Directors' Information:- S L B M AND CO LLP [Active] CIN = AAV-4289

Company & Directors' Information:- I & D REALTY LLP [Active] CIN = AAW-2621

Company & Directors' Information:- J S S T & CO LLP [Active] CIN = AAW-6401

Company & Directors' Information:- S J V & CO LLP [Active] CIN = AAW-6847

Company & Directors' Information:- V K & COMPANY LLP [Active] CIN = AAW-7564

Company & Directors' Information:- D A M & CO LLP [Active] CIN = AAW-8134

Company & Directors' Information:- V O K AND COMPANY LLP [Active] CIN = AAW-8164

Company & Directors' Information:- N A D & CO LLP [Active] CIN = AAW-9504

Company & Directors' Information:- A B R & CO LLP [Active] CIN = AAX-0331

Company & Directors' Information:- S G M B AND CO LLP [Active] CIN = AAX-2806

Company & Directors' Information:- V H P A & CO LLP [Active] CIN = AAY-1712

Company & Directors' Information:- S N P R K AND CO LLP [Active] CIN = AAY-1761

Company & Directors' Information:- N C A P & COMPANY LLP [Active] CIN = AAY-2026

Company & Directors' Information:- R A M M & CO LLP [Active] CIN = AAY-5165

Company & Directors' Information:- S AND Z REALTY LLP [Active] CIN = AAY-8755

Company & Directors' Information:- N A M S & CO LLP [Active] CIN = AAZ-1136

Company & Directors' Information:- S REALTY LLP [Active] CIN = ABA-0408

Company & Directors' Information:- G G S B & CO LLP [Active] CIN = AAN-7106

Company & Directors' Information:- B M P S & CO LLP [Active] CIN = AAW-9364

Company & Directors' Information:- S K D M & CO LLP [Active] CIN = AAO-2808

Company & Directors' Information:- A S C B S R AND COMPANY LLP [Active] CIN = ABA-5394

Company & Directors' Information:- S G BOSE & CO PVT LTD [Strike Off] CIN = U74140WB1957PTC023477

Company & Directors' Information:- J K J & CO LLP [] CIN = AAE-5439

Company & Directors' Information:- S G C O & CO LLP [] CIN = AAI-0379

Company & Directors' Information:- G P S & CO LLP [] CIN = AAI-0872

Company & Directors' Information:- K K A B & CO LLP [] CIN = AAJ-3296

Company & Directors' Information:- C S D AND CO LLP [] CIN = AAJ-4629

Company & Directors' Information:- M P G V & CO LLP [] CIN = AAJ-5351

Company & Directors' Information:- A T S G & CO LLP [] CIN = AAK-3751

Company & Directors' Information:- G G S H & CO. LLP [] CIN = AAL-8083

Company & Directors' Information:- J N S V & CO LLP [Active] CIN = AAM-6900

Company & Directors' Information:- A T J & CO LLP [Active] CIN = AAN-1764

Company & Directors' Information:- S P K T & CO LLP [Active] CIN = AAN-7572

Company & Directors' Information:- S H A & CO LLP [Active] CIN = AAO-4028

Company & Directors' Information:- R S S P K & CO LLP [Under Process Of Strike Off] CIN = AAR-2109

Company & Directors' Information:- A A S S & COMPANY LLP [Active] CIN = AAT-4426

Company & Directors' Information:- R R S J & CO LLP [Active] CIN = AAV-8062

Company & Directors' Information:- J K A J & CO LLP [Active] CIN = AAW-3946

Company & Directors' Information:- S S A A N & CO LLP [Active] CIN = AAX-4893

Company & Directors' Information:- A R B R & CO LLP [Active] CIN = AAX-6334

Company & Directors' Information:- S K B & COMPANY LLP [Active] CIN = AAT-5051

Company & Directors' Information:- P R S S & CO LLP [Active] CIN = AAW-2115

Company & Directors' Information:- V M V H AND CO LLP [Active] CIN = AAS-2193

Company & Directors' Information:- G A S A & CO LLP [Active] CIN = AAU-4365

Company & Directors' Information:- S P A S AND CO LLP [Active] CIN = AAS-9005

Company & Directors' Information:- S K R AND COMPANY LLP [Active] CIN = AAB-9330

Company & Directors' Information:- C S AND CO LLP [] CIN = AAL-5204

Company & Directors' Information:- G A R G S & CO LLP [Active] CIN = AAW-2727

Company & Directors' Information:- M M G S AND CO LLP [Active] CIN = AAW-8857

Company & Directors' Information:- A J M S & CO LLP [Active] CIN = AAS-6794

Company & Directors' Information:- S B S S & CO LLP [] CIN = AAG-2178

Company & Directors' Information:- P Y S & CO LLP [] CIN = AAG-9715

Company & Directors' Information:- A G A K & CO LLP [Active] CIN = AAN-5853

Company & Directors' Information:- P U M & CO LLP [Under Process Of Strike Off] CIN = AAP-1869

Company & Directors' Information:- P V R A & CO LLP [Active] CIN = AAP-2457

Company & Directors' Information:- K S N C & CO LLP [Active] CIN = AAQ-8095

Company & Directors' Information:- A R N P AND CO LLP [Active] CIN = AAS-7063

Company & Directors' Information:- N M G K & COMPANY LLP [Active] CIN = AAU-2181

Company & Directors' Information:- S H A P AND COMPANY LLP [Active] CIN = AAU-5309

Company & Directors' Information:- B K Y & CO LLP [Active] CIN = AAU-7172

Company & Directors' Information:- B R D P & CO LLP [Active] CIN = AAV-4924

Company & Directors' Information:- S S P M & COMPANY LLP [Active] CIN = AAW-8509

Company & Directors' Information:- B R M R & CO LLP [Active] CIN = AAY-2407

Company & Directors' Information:- N R K M AND CO LLP [Active] CIN = ABA-7015

Company & Directors' Information:- P B R C & CO LLP [Active] CIN = AAW-9421

Company & Directors' Information:- S R B A & CO LLP [] CIN = AAF-9001

Company & Directors' Information:- C S M & CO LLP [Active] CIN = AAW-1462

Company & Directors' Information:- A C C A & CO LLP [] CIN = AAF-2112

Company & Directors' Information:- K A M AND CO LLP [Active] CIN = AAU-7380

Company & Directors' Information:- S C M K & CO LLP [Active] CIN = AAT-2422

    Complaint Case No. CC/114/2019

    Decided On, 05 November 2019

    At, West Bengal State Consumer Disputes Redressal Commission Kolkata

    By, THE HONOURABLE MR. SHYAMAL GUPTA
    By, PRESIDING MEMBER & THE HONOURABLE MR. UTPAL KUMAR BHATTACHARYA
    By, MEMBER

    For the Complainant: Nitindra Mohan Mookherjee, Suraj Roy, Advocates. For the Opp. Party: ------------



Judgment Text

Utpal Kumar Bhattacharya, Member

Instant complaint u/s 17(1)(a)(i) has been filed against the deficiency in rendering services by the Ops. The fact of the complaint was that the Complainant entered into an Agreement for sale dated 29th day of July, 2008 with the Opposite Parties for purchasing a flat along with car parking space to be constructed on the land scheduled at page 15 of the complaint at a consideration of Rs. 20,90,000/-.

The Agreement stipulated payment of 90% of consideration before delivering the possession and the payment of Rs. 10% on the receipt of the “notice of possession” from the Ops. It was also stipulated that the Ops shall execute the Deed of Conveyance on payment of consideration in full. The Complainant paid 90% of the total consideration being Rs.18,81,000/- to the OPs as per terms of the Agreement. The Complainant received one undated letter with a calculation sheet attached with it acknowledging receipt of the above mentioned amount and demanding a balance outstanding of Rs. 3,04,085/-. Surprisingly, the OPs refused to receive the said amount when the Complainant approached them with the intention of making payment of the said amount and conveyed to the Complainant the message of their inability to accept any amount due to some disputes allegedly taken place between them.

The Complainant, thereafter, visited several times to the office of the OPs and contacted them through repeated television calls intimating them of his readiness to pay balance consideration. On all occasions, the OPs advised him to keep patience and assured him of delivering possession immediately after withdrawal of the prevailing impasse. Subsequently, on May, 7, 2018, the Complainant received a letter containing a baffling information from the OPs about the OP Company’s conversion to a limited liability partnership under the name and style “Emerald Reality LLP”. It was also conveyed therein that the OPs were not a position to take any action in view of ongoing Misc. Case over a purported dispute among the partnership of the company.

The Complainant became apprehensive of his hard and money being misappropriated as no immediate remedy to his problem was seen forthcoming and filed the instant complaint before this Commission praying for an order directing the OPs to hand over possession of the disputed flat along with car parking space and registration of the same executing the Deed of Conveyance in favour of the Complainant in accordance with law or in the alternative, to pay to the Respondent the escalated value of the flat to the tune of around Rs. 60,00,000/- together with compensation and litigation cost of Rs. 11,00,000 and Rs.1,00,000/- respectively and to reimburse the house rent of hired accommodation of the Complainant @ Rs. 16,000/- per month along with other prayers.

The complaint was heard ex parte against the OPs.

The Ld. Advocate appearing on behalf of the Complainant submitted in brief the facts in issue in the same lines narrated above. He drew the notice of the Bench to running pages 50 to 56, being the money receipts showing payment of consideration so far as per terms of the Agreement.

As he continued referring to running page 31, para 7.1, the OPs were to complete construction of the flat on or before July, 10 subject to ‘force majure’ with a grace period of six months from the date thereof unless prevented by circumstances beyond the control of the owner/vendor.

The Ld. Advocate drew further notice of the Bench to running page 59, being the communication made to the Complainant by Sri Pawan Agarwal, the partner of the OP Company, in his capacity as Director of a company of different nomenclature “Simphony Natural Projects Private Limited” informing him about delivery of possession of the subject flat against payment of outstanding amount of Rs. 3,04,085/-.

As contended, the payment, in spite of all the efforts from the Complainant, could not be made as the OPs were unwilling to accept the same for certain internal dispute amongst the partners.

The Ld. Advocate for the Complainant, with the submissions as above, prayed for the complaint to be allowed.

Considered submissions of the Ld. Advocate appearing on behalf of the Complainant. Perused the papers available with the record.

It needed no elaboration to arrive at a conclusion that the OPs were at fault for deviation from the terms of the Agreement they had entered into with the Complainant.

We did not find in the record any paper relating to the Misc. Case involving the purported dispute concerning the partnership of the OP firm. The exact nature of dispute and the order passed by the Court in respect of the Misc. Case also could not be gathered due to wilful non-participation of the OPs in the instant complaint.

It was felt that the OPs had preferred not to participate in the proceedings realising their grave lapse for violation of the terms of the Agreement and wilful avoidance of taking action to handover possession of the subject flat even after absorbing the lion share’s of the consideration in terms of the Agreement.

Conversion of the OP Company into a limited liability company, as alleged, did not absolve the partners of the OP Company of liability towards their commitments as per terms of the Agreement. As per principle, in a partnership, the liability of the partners is unlimited. This means every partner is liable for the debts of a firm incurred during the business of the firm. These debts may be recovered from the partners’ private properties if the joint estate is insufficient to meet the needs entirely. The facts and circumstances narrated above led us to conclude that there was absolute deficiency on the part of the OP Company and accordingly, the complaint needed a favourable consideration in part.

Hence,

Ordered

that the complaint is allowed in part. The partners of the OP Company is directed to handover possession of the subject fla

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t along with car parking space on receipt of the residual balance yet to be paid by the Complainant and execute the Deed of Conveyance in favour of the Complainant in accordance with law within 45 days from the date of depositing the balance consideration by the Complainant. Alternatively, the partners of the OP Company shall refund Rs.18,81,000/- along with cost and compensation of Rs. 10,000/- and Rs. 7,00,000/- respectively within 45 days from the date of the instant order, failing which, simple interest @ 9% shall accrue to Rs.25,81,000/, being the total of the refund amount and compensation, from the date of default till the entire amount is fully realized.
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