PINAKI BHATTACHARJEE Vs. UNIQUE CONSTRUCTION

JUDGEMENT

(1.) This First Appeal under Sec. 19 of the Consumer Protection Act, 1986 (in short, the 'Act') is in challenge to the order dtd. 1/2/2018 of the State Consumer Disputes Redressal Commission, West Bengal, Kolkata (in short, the 'State Commission') in Complaint Case No. 382 of 2014 dismissing the complaint.

(2.) Briefly put, the relevant facts of the case are that the Appellants had entered into an agreement with the Respondents on 17/7/2011 to purchase a flat admeasuring 1410 sq.ft. super built up area in a ground plus four storied building to be constructed at 25, Hem Chandra Naskar Road, Beliaghata, Kolkata 700010, for a sale consideration of ?41,28,000/- at ?4255 per sq. ft. The Appellants paid the entire consideration of ?60,00,000/- by way of cheque and also paid ?4,00,000/- in cash as full and final consideration towards the purchase of the flat and car parking space. According to the Appellant, Respondent No.1 was also paid ?2,00,000/- for completion of extra work in the said flat against a money receipt. Appellant contends that despite the receipt of the entire consideration, the Respondents failed to execute the Agreement for Sale in respect of the car parking space. A complaint was filed before the State Commission praying for direction to register the Deed of Conveyance in respect of the property and to direct the Respondents to allot and deliver possession of the car parking space along with compensation of ?5,00,000/- for harassment and mental agony with litigation costs. Vide its order dtd. 1/2/2018, the State Commission, on contest, partly allowed the complaint and ordered as under:

(3.) We have heard the Learned Counsel for the parties and carefully considered the material the material on record.