LAWS(NCD)-2023-5-71

MALABIKA ROY Vs. CHHABIKAR CHOWDHURY

Decided On May 18, 2023
Malabika Roy Appellant
V/S
Chhabikar Chowdhury Respondents

JUDGEMENT

(1.) This Revision Petition has been filed by the Petitioners/ Complainants against Respondents/ Opposite Parties challenging the impugned Order dtd. 13/7/2017 passed by the State Consumer Disputes Redressal Commission, West Bengal, in Appeal No. A/1111/2015. Vide such Order, the State Commission allowed the Appeal in part by modifying the Order dtd. 8/9/2015 passed by the Consumer Disputes Redressal Forum, Howrah, in Complaint Case No. HDF 396 of 2013.

(2.) The brief facts of the case are that the Opposite Party Nos.1 to 4 are the land owners of the property bearing No. 4/5, Padma Pukur Lane, P.S. - Shibpur, H.M.C. Ward No. 41, District ' Howrah, Pin ' 711109 and the Opposite Party No.1 being the builder of aforesaid property entered into two Agreements with Complainants as purchasers for purchase of a Flat vide Agreement dtd. 18/6/1999 and Garage vide Agreement dtd. 7/8/1999. The Opposite Parties Nos. 2 to 4 had executed a Notarial General Power of Attorney dtd. 2/4/1997 appointing the Opposite Party No.1 as their true and lawful attorney for all acts and deeds pertaining to development of the said property and construction of multi-storied building thereon. By two separate Agreements, it was declared by all the owners and builder that they wanted to sell the scheduled flat measuring 850 sq. ft. and 127 sq. ft. of car parking space. The total consideration for the Flat was Rs.5,95,000.00 and that for the garage was Rs.65,000.00 totalling to Rs.6,60,000.00. It was further averred by the Complainants that the Opposite Party No.1's husband received payments on her behalf on several occasions totalling Rs.6,00,000.00. It was further submitted that as per the Agreements, the Opposite Party Nos. 1 to 4 had to deliver the said Flat and garage within 10 months from date of execution of said two Agreements and after completion of construction of the Flat and garage in fully habitable condition with all facilities. It was also submitted that on 16/4/2002, possession of the Flat was delivered in incomplete and unfinished condition and after taking possession of the said Flat, the Complainants had completed the entire floor with marble, the sanitation and electrical works. It is further averred that the Opposite Party No.1 neither provided any lift facility in the building as mentioned in the Agreement, nor delivered the garage portion till date of filing the complaint. It was also stated that the Opposite Party No.1 did not deliver the Completion Certificate till date to the Complainants and in this regard the Complainants sent two letters dtd. 17/1/2005 and 10/11/2005 to Opposite Party No.1. It was further submitted that the Complainants had duly discharged their duties as per the contract and they were still willing to perform the rest part of obligations under the contract by way of payment of balance amount at the time of execution and registration of Deed of Conveyance in their favour in respect of the Flat and the garage.

(3.) It was, thus, the case of the Complainants that the Opposite Party No.1 to 4 have failed and neglected to perform their part of contract by failing to execute and register the Deed of Conveyance and providing completion certificate. Hence, the complainants sent a Legal Notice dtd. 30/8/2013 through their Advocate seeking execution and registration of conveyance deed of Flat and garage, delivery of possession of car parking space measuring 127 sq. ft., and delivery of the Occupancy Certificate, and compensation for harassment. However, the Opposite Parties neither replied nor fulfilled any of the said demands and rather pressurised the Complainants to pay Rs.5,21,271.00 with interest calculated upto 30/5/2013 as consideration for the extra work done by the Opposite Parties. Hence, the Complaint was filed before the District Forum being aggrieved by the deficiency in service of the Opposite Parties seeking the following reliefs-