DEBASHIS SINHA Vs. R.N.R. ENTERPRISE

JUDGEMENT

(1.) This appeal under sec. 23 of the Consumer Protection Act, 1986 (hereafter 'the C.P. Act', for short) calls in question the order dtd. 21/8/2020 passed by the National Consumer Disputes Redressal Commission, New Delhi, (hereafter 'NCDRC', for short). By the impugned order, the NCDRC has dismissed the consumer complaint lodged by the appellants.

(2.) The multiple appellants are owners of flats in different blocks of a housing complex at 1, Kailash Ghosh Road, Kolkata - 700008 (hereafter 'housing complex', for short).

(3.) Aggrieved by the failure of the respondents - the developers of the housing complex - to provide services as promised, the jurisdiction of the NCRDC was invoked by the appellants in 2008. They alleged that despite paying full consideration amount as per market rate and despite execution and registration of deeds of conveyance in their favour, the respondents had failed, inter alia, to provide the 'Completion Certificate', which is their statutory obligation as per the rules of the Kolkata Municipal Corporation (hereafter 'KMC', for short); and, in the absence of such a certificate, their occupation of the respective flats has been rendered precarious. According to the appellants, the respondents also failed to provide them common amenities and facilities viz., playground, community hall-cum-office room, 33-feet wide concrete road, and supply of water from the KMC. It was their further complaint that the respondents had adopted unfair trade practices by promising a playground on a land which actually belonged to a local club as well as attracted buyers by showing in the brochure/ advertisement a 'beautified lake', which never came into existence. Also, finding that there were constructional defects, a valuer from the list of approved valuers maintained by the Calcutta High Court had been engaged by the appellants. The report of such valuer revealed constructional defects of the nature delineated therein. Based on the complaint that was lodged before the NCDRC, the appellants sought direction to the respondents to provide the completion certificate of the project and to set right the constructional defects as pointed out by the valuer. Further, they claimed that direction be issued for providing other facilities such as community hall, landscape gardening, generator, multi-gymnasium, water filtration plant, and gas pipeline. Additionally, compensation of Rs.1,80,00,000.00 (Rupees one crore eighty lakh only) together with litigation cost of Rs.50,000.00 (Rupees fifty thousand only) was claimed.