PRONOB KUMAR GHOSH Vs. M/S. ALBATROSS DEVELOPERS

JUDGEMENT

(1.) This Revision Petition has been filed by the Petitioner under Section 21 (b) of the Consumer Protection Act, 1986 against the order passed by the West Bengal State Consumer Disputes Redressal Commission, Kolkata (hereinafter referred to as "the State Commission") in cross Appeals No.FA/435/2012 and 449/2012 dated 28.08.2015.

(2.) The case of the Petitioner/Complainant is that he entered into an agreement with the Respondents/Opposite Parties on 01.01.2007 for purchase of a flat at a consideration of Rs.17 lakh, out of which Rs.15,75,000/- was paid. The Respondents agreed to complete the construction within 14 months, but failed to deliver possession and register the deed of conveyance as per time schedule. The Petitioner sent several letters requesting completion of the flat and handing over the same, but in vain. A Complaint was, therefore, filed before the District Forum with following prayer: -

(3.) The Respondents/Opposite Parties contested the claim that the Complainant being a defaulter cannot claim compensation. The construction was complete and other flat owners had already taken delivery of the same. As per the terms of the agreement, the purchaser was liable to pay interest @ 15% if the consideration amount was not paid as per the schedule agreed upon.