SONARTORI PROJECTS Vs. TAPAN KUMAR LAHA

JUDGEMENT

(1.) The present Appeal is filed 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. 504/2016 dated 09.08.2019.

(2.) Case of Respondent No.1/Complainant is that he entered into an agreement on 02.04.2012, with the Appellants/Opposite Parties to purchase a flat measuring about 1115 sq. ft. alongwith covered car parking space in "SONARTORI" at Mouza-Sulanguri, P.S. Rajarhat, District North Parganas, Hatiara No.2 Gram Panchayat for a total consideration of Rs.20 lakhs. The entire consideration amount was paid to the developer, vide cheque No.676250 drawn on HDFC Bank dated 23.02.2012. Another sum of Rs.62,344/- was also paid towards other charges. The due date of possession was June, 2013. Despite elapse of many years, the Appellants did not execute the sale deed. Hence, a Complaint was filed before the State Commission seeking direction to the Opposite Parties to hand over possession of the flat with parking space and to execute the conveyance deed in accordance with the agreement, apart from damages and interest.

(3.) The Appellants/Opposite Parties filed their written version denying the allegations of the Complainant. The State Commission allowed the Complaint with following directions: -