SUSMITA KUNDU Vs. GODREJ PROPERTIES LIMITED

JUDGEMENT

(1.) The instant complaint under Section 17 of the Consumer Protection Act, 1986 (hereinafter refer to as 'the Act') is at the behest of a purchaser against a construction company (Opposite Party No.1) and its Regional Head (Opposite Party No.2) on the allegation of deficiency of services, primarily on the part of Opposite Party No.1 in a dispute of housing construction.

(2.) In a capsulated form, complainant's case is that on 16.12.2011 she entered into an agreement for sale with the erstwhile OP No. 1 Company (Happy Highrises Limited) to purchase of a residential flat measuring about 1160 sq. ft. super built up area being Unit No. 1608 on the 16 floor in the Tower named 'Shivalik' together with right to use one covered car parking space th measuring an area of 135 sq. ft. as mentioned in part- I and part -II of Third Schedule to the agreement for sale in the complex christened 'Godrej Prakriti' lying and situated at Municipal holding No. 187F/1, B.T. Road, P.S.- Khardah, Kolkata- 700115, Dist- North 24 Parganas within the local limits of Ward No. 14 of Panihati Municipality at a total consideration of Rs. 31,22,720/- for the flat and Rs. 3,00,000/- for the car parking space aggregating Rs. 34,22,720/-. The complainant has stated that in accordance with the payment schedule, she has paid the consideration amount regularly. In the agreement it was stipulated that the OP No. 1 company will deliver the subject flat in complete condition within 30.06.2014. Accordingly, the complainant enquired with the Opposite Party the reasons for non-delivery of possession, the Opposite Parties assured the complainant that they will try to hand over the possession within the extended time limit of 31.12.2014 and the complainant would be compensated for delayed delivery of possession. Subsequently, on 05.03.2016 the OP No. 1Company executed the sale deed in favour of the complainant and prior to that issued notice of possession on 25.08.2015. The complainant has stated that the OP company has not provided the compensation in terms of clause 15.5 of the agreement and also the common benefits and facilities and in this regard all the requests and persuasions including the legal notice went in vain. Hence, the complainant approached this Commission with payer for following reliefs, viz.- (a) an order directing the Opposite Parties to compensate the complainant with payment of interest for delayed delivery of possession of the Residential Unit No. 1608 on 16 floor of the Tower Named 'SHIVALIK' of the complex known th as 'GODREJ PRAKRITI' lying and situated at the municipal holding No. 187F/1, B.T. Road, Kolkata-700115 for the period from 1 st July 2014 to 25 th September, 2015 @ 9% per annum amounting to Rs. 3,54,124/- along with further interest on Rs. 3,54,125/- for the period from 06.03.2016 till the actual date of payment @ 18% per annum; (b) an order directing the Opposite Parties to provide the complainant Completion Certificate, swimming pool, football ground, Multi-speciality Hospital, Retail Store, Sewerage Treatment Plant, Boundary wall at the project site to ensure adequate safety and security, electricity supply at the said Unit and provide each and every common facility and amenity in terms of the Deed of Conveyance dated 05.03.2016 in accordance with the promises and assurances given by the Opposite Parties; (c) an order directing the Opposite Parties to pay Rs. 3,00,000/- (Rupees Three Lakhs only) as compensation to complainant for deficiency in services for not providing several facilities including swimming pool, football ground, multi speciality hospital etc.; (d) an order directing the Opposite Parties to pay Rs. 75,000/- (Rupees Seventy Five Thousand only) as compensation to complainant for causing mental harassment and agony; (e) an order directing the Opposite Parties to pay a sum of Rs. 30,000/- (Rupees Thirty Thousand only) for legal expenses and other incidental costs etc.

(3.) The Opposite Party Nos. 1 and 2 by filing a written version have stated that the complainant with her full satisfaction had accepted the possession of the unit upon execution and registration of Deed of Conveyance dated 05.03.2016 and the complainant also declared by the letter dated 06.03.2016 about her no dues/no claim regarding the said unit. Therefore, the complaint should be dismissed with costs.