VEDIC CONCLAVE PRIVATE LIMITED Vs. TAPAN DUTTA

JUDGEMENT

(1.) This is a first appeal against an order in CC no. 399 of 2016 dtd. 4/10/2018 passed by the West Bengal State Consumer Disputes Redressal Commission, Kolkata (in short, 'the State Commission') directing the appellant to refund Rs.15,42,653.00 to the respondent from the date of each payment till the date of realisation along with litigation cost of Rs.10,000.00 on account of delay in handing over the possession of residential flat booked with the appellant.

(2.) The impugned order reads as under: With the above discussion, the complaint is allowed on contest with the following directions:

(3.) Brief facts of the case are that the respondent/ complainant had booked a residential flat unit no.1A, Ground Floor, Block 5 along with 1 car parking space in 'Sanjeeva Orchards II' at Mouza Thakdari, P W Newtown, 24 Parganas, Mahish Bathan II, Gram Panchayat ad measuring 1165 sq ft super built up area for a sale consideration of Rs.49,60,000.00 on 30/3/2013. As per the agreement between the parties dtd. 30/3/2013, the appellant under took to hand over the flat within 30 months of this agreement with grace period of six months, i.e., by 1/4/2016. The respondent approached the State Commission after issuing notices dtd. 6/4/2016 and 15/4/2016 seeking refund of the money paid along with interest in view of the inordinate delay in handing over the possession and lack of response from the appellant.