ALAKA ROY Vs. OM TARA MAA CONSTRUCTION

JUDGEMENT

(1.) THIS revision petition has been filed by the petitioner/complainant against the order dated 25.4.2013 passed by the West Bengal State Consumer Disputes Redressal Commission, Kolkata (in short, 'the State Commission') in S.C. Case No. FA/448/2012 - Om Tara Maa Construction & Ors. Vs. Mrs. Alaka Roy by which, while allowing appeal partly, order of District Forum allowing complaint was partly set aside. Brief facts of the case are that complainant/petitioner filed complaint before learned District Forum and alleged that OP/respondent delayed delivery of possession of the flat by 4 months and failed to construct the flat with standard and good quality of materials. It was further alleged that OP is guilty of not paying electric charges amount Rs. 1,120/ - and have also failed to handover clearance certificate, fit certificate, soil test report and other documents. OP contested complaint and submitted that delay in delivery of possession was not intentional, but beyond control of OP and construction is as per standard and prayed for dismissal of complaint. Learned District Forum after hearing parties, allowed complaint and directed OP to pay Rs. 5,000/ - for delayed possession, Rs. 9,000/ - for rent for 3 months along with Rs. 1,00,000/ - as compensation and Rs. 3,50,000/ - towards cost and expenses for proposed construction and Rs. 2,000/ - as cost, totalling Rs. 4,66,000/ -. OP filed appeal before learned State Commission and learned State Commission vide impugned order partly allowed appeal and set aside order of awarding compensation of Rs. 3,50,000/ - towards cost and expenses for proposed construction against which, this revision petition has been filed.

(2.) HEARD Authorized Representative for the petitioner at admission stage and perused record.

(3.) PERUSAL of record reveals that complainant has claimed Rs. 3,50,000/ - as compensation for proposed cost and expenses for the plastic paint of the floor and for the grill and doors.