BISWANATH BHATTACHARYA Vs. GANAPATI APARTMENT

JUDGEMENT

(1.) The complaint filed by Shri Bis wanath Bhatachary a, before the West Bengal State Consumer Disputes Redressal Commission in CC No. 16/0/2006 was partially allowed. The State Commission directed the OPs to remove the defects and pay a compensation of Rs. 5,000 to Shri Bhatacharya. Dissatisfied with the award, Shri Bhatacharya has filed this appeal seeking enhancement of compensation to Rs. 22.5 lakh, together with direction to the Respondents/OPs to install a lift in the building of Ganapathi Apartment-II.

(2.) Evidently, the main issue involved in the complaint was failure of the OP to install a lift in the building. This has been examined at considerable length in the impugned order. The State Commission has observed that:

(3.) We have carefully perused the records of the case and heard Mr. Sanjoy Kumar Ghosh for the appellant. Mr. Amit Ghosh, Advocate has been heard on behalf of the Respondents/ OPs. The main contention of the appellant is that the State Commission should have considered the fact that as per the agreement for sale dated 15.12.2000, the Respondents was under an obligation to install a lift in the building. Learned Counsel for the appellant also argued that the Complainant and his wife, being elderly persons, had agreed to accept the flat on the 5th Floor only because the sanctioned plan and the agreement both have made a provision for a lift, it was also argued that the painful orthopaedic condition of the Complainant's wife was direct result of non-provision of the lift. He therefore, made out a very strong plea for issue of a direction to Respondent to install a lift as for the commitment already made.