VASUDEV BUILDERS Vs. ARUNAVA GANGULY AND ORS

JUDGEMENT

(1.) THE present Appeal has been directed against the judgement and order No. 13 dt. 30.7.2012 passed by Consumer Disputes Redressal Forum, Unit -I, Kolkata in CDF/Unit -I/Case No. 165/2011, wherein the Ld. District Forum allowed the petition of complaint with cost against the OP No. 1 and without cost against the OP Nos. 2 to 5 thereby directing the Ops to execute and register the deed of conveyance in favour of the complainant in relation to the flat in question along with further directions upon the OP No. 1 to provide specific undisputed car parking space meant for medium size motor car and to pay compensation of Rs. 1,00,000/ - to the complainant for his financial loss, mental agony and harassment. There was also a direction upon the OP No. 1 to comply the order within 60 days, failing which the OP No. 1 will be liable to pay Rs. 100/ - per day and the OP Nos. 2 to 5 will be jointly and severally liable to pay Rs. 100/ - per day.

(2.) THE Complaint/Respondent's case before the Ld. District Forum, in brief, was that the complainant entered into an agreement for sale with the OP No. 1 for the purpose of purchasing a flat along with a covered car parking space for a consideration of Rs. 14,41,000/ -. According to the complainant, the complainant is in occupation of the flat in question, but in the ground floor of the flat, which was meant for car parking space, outsiders were allowed to park their respective vehicle to the detriment of interest of the complainant. In spite of repeated requests and demands the Ops did not provide a specific undisputed car parking space so as to accommodate a medium size motor car of the complainant and hence, the consumer complaint for proper redressal.

(3.) THE Ops contested the case by filing a written version thereby denying and disputing all the material averments mentioned in the petition of complaint contending, inter alia, that there was no deficiency in service at the instance of the Ops and the petition of complaint was liable to be dismissed.