RAMA MAJUMDER Vs. INDRALOK APARTMENT FLAT OWNERS ASSOCIATION

JUDGEMENT

(1.) This First Appeal, under Sec. 19 of the Consumer Protection Act, 1986 (for short "the Act") has been filed by the Appellants/Opposite Party Nos. 1 & 3 in the Complaint before the State Commission, challenging the correctness of Order, dtd. 15/9/2015 passed by the State Consumer Disputes Redressal Commission, West Bengal at Kolkata (for short "the State Commission") in Consumer Complaint No. 07 of 2011. By the Impugned Order, the State Commission has partly allowed the Complaint filed by the Indralok Apartment Flat Owners Association/Complainant directing the Appellants, Opposite Party No.2, Smt. Sandya Ganguly and Opposite Party No.4, Sri Arup Ganguly to repair/remove the defects of the Building in question within three months from the date of Order failing which they were liable to pay costs of 11,00,000/- to the Complainant along with interest thereon @ 10% p.a. from 14/4/2008. The Complainant Association was also awarded compensation of 5,00,000/- for mental agony and harassment and litigation costs of 5,000/-.

(2.) The brief facts of the case as narrated in the Complaint are that the Complainant is an unregistered Association formed by the Flat Owners of Indralok Apartment and as per their Board of Resolution they authorized one, Ajoy Roy Chaudhuri, being Secretary to represent the case.

(3.) Being allured and satisfied with the sanctioned Building Plan, all the Flat Owners of the Indralok Apartment approached the Opposite Parties Nos. 1 to 4 for purchasing their respective Flats against consideration price as decided and accordingly Agreements for Sale were executed between the parties. On 9/9/2008, the Opposite Parties after construction of the Building issued one declaration about possession of the Flats to the respective Flat Owners. Though the Opposite Parties issued possession letter and allowed the Flat Owners to occupy the Flats but still there were several incomplete construction works pending. On 14/4/2008, the Opposite parties by one Deed of Declaration admitted the incomplete and defective works in favour of Smt. Krishna Roy Chowdhury and Joydev Kumar Dey, Flat Owners of Indralok Apartment. Thereafter, Vide Memo of Understanding dtd. 18/5/2008, Opposite Parties admitted incomplete construction of the Building as well as the defective works, which were; (i) incomplete drainage; (ii) electrical earthing; (iii ) lift, staircase, staircase window grill etc. and also committed to complete the construction within one/two months. Though the Opposite Party Nos. 1 to 4 admitted their fault and agreed to complete the incomplete construction work as well as defective construction of the Building but they failed to comply with their commitment and having no other alternative available, the Complainant Association sent one letter dtd. 13/9/2008, categorically explaining the defects and deficiency in construction of the Building. However, the Opposite Party Nos. 1 to 4 neither replied nor made any attempt for removing the defects and deficiencies as agreed.