PUSHPAK INFRASTRUCTURE PVT. LTD. Vs. GOUTAM SAHA

JUDGEMENT

(1.) The present Appeal is filed by the Appellant under Section 19 of the Consumer Protection Act, 1986 against order passed by the West Bengal State Consumer Disputes Redressal Commission, Kolkata (hereinafter referred to as the "State Commission") in Complaint No.41 /2012 dated 03.10.2016.

(2.) The case of Respondent No.1/Complainant is that a tripartite agreement for purchase of flat No.D-302 measuring 980 sq. ft. of super built area, on 3rd floor and one car parking space in the complex 'Pushpakalay', Mouja Shadarpur, P.S. Barasat, for a total consideration of Rs.13,75,000/- was entered on 24.03.2010, between the Complainant, land owners/Opposite Parties No.1 to 11 and Opposite Party No.12/Developer. Respondent No.1 paid a sum of Rs.2,75,000/- at the time of entering into the agreement and thereafter Rs.68,750/- on 28.07.2010. The due date of possession was August, 2011 extendable to a six months period as per the agreement. By a letter dated 20.08.2010, the Appellant/Opposite Party No.12 cancelled the agreement unilaterally. Hence Complaint was filed with the following prayer: -

(3.) The Opposite Party challenged the maintainability of the Complaint on the ground that the agreement between the parties was an unregistered document. On 22.06.2010, Opposite Party No.12 wrote letter to the wife of the Complainant asking her to make payment of Rs.2,69,000/- at the earliest. On 22.05.2010, Appellant/Opposite Party No.12 wrote letter asking for payment of Rs.25,000/- against proportionate electric charges. Again on 09.08.2010, Appellant/Opposite Party No.12 wrote a letter to the wife of the Complainant asking her to make payment of Rs.1,53,850/- within seven days from that date. As the payment was not made, on 20.08.2010, the Appellant/Opposite Party No.12 cancelled the agreement.