ANIS FATMA BEGUM Vs. AZEM ALI

JUDGEMENT

(1.) This appeal under Sec. 19 of the Consumer Protection Act, 1986 (in short, 'the Act') assails the order dtd. 29/1/2019 in Complaint no. 221 of 2016 of the West Bengal State Consumer Redressal Commission, Kolkata (in short, 'the State Commission') seeking enhancement in the compensation awarded by the State Commission to her. Appellant is seeking possession of the flat in question along with litigation cost in an existing building which was taken up for re-development by respondent no.1 (Developer) by way of an agreement dtd. 29/6/2001 with respondent nos.2 to 12 (Landowners, deleted on 5/2/2021). Appellant had filed Complaint no. 221 of 2016 with the following prayer to:

(2.) On 11/7/2001 the appellant had agreed to surrender 200 sq ft in lieu of two flats with two car parking through an agreement for sale dtd. 11/7/2001 in respect of the building to be constructed at 175 A and 175 B, A J C Bose Road P S Beniapur, Kolkata 700014. Two flats, no. D and E covering building of 775 sq ft and 172 sq ft (947 sq ft super built) and 790 sq ft and 175 sq ft, total 965 sq ft on the second floor with two covered car parks were agreed upon and an amount of Rs.20.00 lakh was paid for the construction. The schedule of completion was for 36 month expiring on 11/7/2004. Another agreement for Rs.10.00 lakh for extra fittings, fixtures and furniture was also agreed between the parties on 11/7/2001. As the developer respondent no.1 was unable to develop the construction as per the Schedule indicated, on 2/4/2005 a Supplementary Agreement extending the delivery of the flat by 18 months, i.e., by October 2006 was signed with the provision for payment of Rs.20,000.00 per month to the appellant in case of further delay in handing over the possession. However, despite follow up by the appellant, possession was not handed over. On 20/10/2009 the respondent no.1 developer issued a letter agreeing to pay Rs.42.00 lakh as liquidated damages in case the delivery was not handed over by December 2009 since this Supplementary Agreement was also not complied with. The appellant issued a Legal Notice on 18/1/2006 seeking compensation after completion of the construction work along with Rs.20,000.00 per month towards liquidated damages. Thereafter on 13/5/2016 the above consumer complaint was filed.

(3.) The State Commission decided the matter vide impugned order dtd. 29/1/2019 directing refund of the principal amount of Rs.20.00 lakh along with 9% simple interest from the date of the order till realization within 30 days with Rs.1.00 lakh compensation for mental agony and Rs.10,000.00 as litigation cost. This order is impugned before us with the prayer to: