M/S. DEB CONSTRUCTION Vs. SUKUMAR PAUL

JUDGEMENT

(1.) This Revision Petition has been filed by Deb Construction, Opposite Party No.1 in the Complaint (hereinafter referred to as the Developer), against the Order dtd. 2/12/2015, passed by the West Bengal State Consumer Disputes Redressal Commission at Kolkata (hereinafter referred to as the State Commission) in First Appeal No. A/1321/2014. By the Impugned Order, while affirming the Order dtd. 30/10/2014, passed by the District Consumer Disputes Redressal Commission, South 24 Parganas at Alipore, Kolkata (hereinafter referred to as the District Commission) in Consumer Complaint No. 189 of 2014, preferred by the Complainant/Respondent No.1 herein, the State Commission has dismissed the Appeal, preferred by the Developer, with costs of ?10,000/- to be paid by the Developer to the Complainant/Respondent No.1.

(2.) While proceeding ex-parte against Opposite Parties No. 2 and 3, who are Respondents No. 2 and 3 respectively in the present Revision Petition, the District Commission had allowed the Complaint, preferred by the Complainant/Respondent No.1 herein, and directed the Opposite Parties, including the Developer, to execute and register the Conveyance Deed in respect of the property in question as per the Agreement and deliver possession within one month from the date of the Order, failing which the Complainant/Respondent No.1 was given liberty to initiate the Execution proceedings in accordance with law. Further, the Developer was also directed to pay a sum of ?3,000/- per month towards rental charge from the date of delivery of possession of tenanted portion till handing over of the flat in question and a sum of ?50,000/- towards harassment and mental agony and ?10,000/- as litigation costs. The said amounts were directed to be paid within one month, failing which the Developer was directed to pay penalty @ ?100/- per diem.

(3.) The brief facts as culled out from the Complaint are that Opposite Parties/Respondents No. 2 and 3 were Owners of the land situated at Premises No. 127/1, B.B. Chatterjee Road, Police Station Kasba, Kolkata, and the Complainant/Respondent No.1 was their Tenant in respect of two rooms, with kitchen etc. On 21/5/2005 Opposite Parties/Respondents No. 2 and 3 entered into a Development Agreement with the Developer, according to which a multi-storey building was to be built on the said land. Then on 23/6/2007 an Agreement was entered into between the Developer and the Complainant/Respondent No.1 on certain terms and conditions. Inter alia, a residential flat free from all encumbrances, admeasuring 805 sq. ft. covered area, to be built in the building on the land, was to be given to the Complainant/Respondent No.1. The flat in complete and habitable condition was to be handed over to the Complainant/Respondent No.1 and Conveyance Deed was to be executed/registered within 18 months from the date of getting the plans sanctioned from the Kolkata Municipal Corporation. In view of the said Agreement, the Complainant/Respondent No.1 was to vacate the tenanted portion by 27/6/2007. In terms of the Agreement dtd. 23/6/2007, the Complainant/Respondent No.1 paid a sum of ?25,000/- as advance money vide Pay Order dtd. 23/6/2007; vacated the tenanted portion on 27/6/2007; handed over the possession of the same to the Developer; and shifted to an alternate accommodation. After completion of the third floor, the Complainant/Respondent No.1 requested the Developer for giving possession of the flat in question and execute the Conveyance Deed but all in vain. It is averred that the Developer was liable to pay and bear expenses for alternate accommodation till delivery of possession but it did not pay any amount to the Complainant/Respondent No.1 therefor. The total amount spent by the Complainant/Respondent No.1 towards rent, licence fee, brokerage, shifting etc. was stated to be ?3,30,650/-. It is also stated that due to harassment caused by the Developer, the Complainant/Respondent No.1 suffered a heart attack on 20/4/2012 and was under medical treatment since then. The Complainant/Respondent No.1 got issued a letter dtd. 30/5/2013 through his Advocate to the Developer for execution of the conveyance deed but there was no response to it. In the said background, the Complainant/Respondent No.1 filed the afore-noted Complaint before the District Commission, praying for the directions to the Opposite Parties, including the Developer, to (i) execute and register the Conveyance Deed of the flat in question; (ii) handover and deliver possession; (iii) pay ?3,000/- per month as per the Agreement; (iv) pay ?3,30,650/- spent by the Complainant/Respondent No.1 towards rent etc.; (v) pay ?1,00,000/- as compensation for causing harassment and mental agony; (vi) pay interest on the incurred costs; and (vii) costs of the case.