DEBASISH SAHA Vs. GODREJ PROPERTIES LIMITED

JUDGEMENT

(1.) This appeal is directed against the order of the West Bengal State Consumer Disputes Redressal Commission, Commission, Kolkata (hereinafter referred to as "the State Commission) dated 02.12.2019 in CC/149/2018.

(2.) Case of the Complainants is that by way of a tripartite agreement of nomination dated 12th December, 2011, Pallak Fashion Pvt. Ltd. nominated the Appellants/Complainants for one unit measuring 506.83 sq. ft. super built up area in tower "Prakiti Plaza" at Godrej Prakiti, Kolkata. The due date of possession of unit was 28th February, 2013. Though the Appellants paid Rs.13,18,697/-, about 77% of the total cost of the flat by 28th February, 2013, the Respondents failed to hand over the unit within the time stipulated. Rest of the payment due was made by the Appellants and got the conveyance deed registered on 9th October, 2017. For taking possession of the unit, Respondent No.1 insisted on signing of a waiver clause to compensate for delay in giving possession. Aggrieved by this action of the Respondents, the Appellants preferred Complaint before the State Commission praying the following reliefs:-

(3.) After hearing the case, alongwith all the interlocutory applications, the State Commission dismissed the Complaint allowing IA/919/2018 and IA/1131/2019 finding that the Appellants/Complainants were not consumers in terms of Section 2 (1) (d) of the Consumer Protection Act, 1986.