MEGHA MESHRAM Vs. DREAM PROJECTS

JUDGEMENT

(1.) Heard Mr. Chandrachur Bhattacharyya, Advocate, for the complainants and Mr. Rabin Majumder, Advocate, for the opposite parties.

(2.) Sixteen sets of the home buyers of the project 'Dream Palazzo' have filed above complaint, for directing the opposite parties to (i) deliver possession of the flats allotted to the flat buyers, complete in all respect as per specifications with promised amenities and facilities and execute conveyance deed in their favour; (ii) pay delayed compensation in the form of interest @24% per annum on the deposit of the flat buyers, for the period, possession was delayed; (iii) provide all the promised facilities and amenities at the time of handing over possession of their flats; (iv) pay additional compensation in the form of interest @18% per annum on the deposit of the flat buyers for the period, possession of the promised facilities and amenities are delayed; or in alternative, in case of non-provision of the promised amenities and facilities, pay Rs.1000000.00 to each of the flat buyers; (v) refund the amount realized in the head of car parking space with interest @18% per annum; (vi) refund the amount realized on account of service tax with interest @18% per annum; (vii) pay Rs.1000000.00 as compensation for mental agony and harassment; (viii) pay Rs.2000000.00, to each of the flat buyer as punitive damages; (ix) costs of litigation; and (iv) any other relief which is deemed fit and proper in the facts and circumstances of the case.

(3.) Leave under Sec. 12(1)(c) of Consumer Protection Act, 1986, for filing the complaint in representative capacity has been granted on 3/5/2018. Thereafter, notices were published in newspapers as required under Sec. 13 (6) of Consumer Protection Act, 1986. Then through IA/3807/2019 and IA/16256/2019, three sets of flats buyers were impleaded. Later on some of the complainants were permitted to be withdrawn.