MERLIN DEVELOPERS Vs. NILAM CHOUDHURY

JUDGEMENT

(1.) These two applications are at the instance of the respondent and is directed against the judgment and order dated June 20, 2013 passed by the Hon'ble State Consumer Disputes Redressal Commission, West Bengal in Complaint S.C. Case No. CC/08/65 thereby awarding payment of money, advance taken, litigation costs, etc. and they are disposed of by this common judgment and order. The plaintiffs/opposite parties herein instituted a complaint case being S.C. Case No. CC/08/65 before the Hon'ble State Consumer Disputes Redressal Commission, West Bengal (henceforth in short shall be called 'State Commission') against the petitioner and the opposite party no. 3 praying for allotment of two flats with open car parking spaces at Premises No. 24, Prince Anwar Shah Road, Kolkata-700033 in terms of the letter of allotment dated January 11, 2005 and other consequential reliefs.

(2.) The respondent/petitioner herein and the opposite party no. 3 contested the said complaint case. On the basis of the materials on record, the Hon'ble State Commission allowed that application granting compensation of Rs. 20 lakh, litigation costs of Rs. 20,000/-, refund of advance money of Rs. 1 lakh to the complainants within 45 days from the date of order failing which interest at the rate of 9% per annum shall accrue on the aforesaid amount till realization in full.

(3.) The petitioner and the opposite party no. 3 have also been directed to pay punitive damages of Rs. 20 lakh to the complainants and to deposit a sum of Rs. 5 lakh with the State Commission Welfare Fund within 45 days from the date of order failing which interest in the same manner. Being aggrieved by such orders, the petitioner has preferred this application.