SUNITA DAS Vs. SHABANAM PARVEEN

JUDGEMENT

(1.) This appeal under Sec. 19 the Consumer Protection Act, 1986 (in short, the 'Act') challenges order dtd. 31/10/2017 of the West Bengal State Consumer Disputes Redressal Commission, Kolkata in Consumer Complaint no. 200 of 2016 allowing the complaint.

(2.) We have heard the learned counsel for the parties and perused the records.

(3.) The relevant facts of the case, in brief, are that Appellant's partnership firm, Happy Regency, had entered into an unregistered Agreement for Sale ('Agreement') with the Respondent on 31/8/2011 to construct and hand over Flat No. 4C, 70, Deshpran Sasmal Road, Municipal Ward No. 24, Howrah, Kolkata admeasuring 1175 sq ft for a sale consideration of Rs.20,00,000.00. Possession was assured within January, 2012. The Agreement recorded that as per Development Agreement dtd. 2/12/2008, the owners (respondents 2,3 and 4 herein) had necessary rights over the land in question and a General Power of Attorney (GPA) was executed on 5/12/2008 in favour of Happy Regency followed by another GPA dtd. 7/8/2009 in favour of the Appellant, Sunit Das and Subhrojit Ghosh. Rs.19,00,000.00 was paid through instalments by the Respondent 1 to the Appellant. However, possession as promised was not handed over by the Appellant. Respondent No. 1 therefore, filed Consumer Case No. 225 of 2013 before the District Forum, Howrah which was set aside vide order dtd. 10/7/2013 as not maintainable on grounds of pecuniary jurisdiction. Appeal No. 102 of 2014 before the State Commission was disposed of on 12/4/2016 with directions to file a complaint. Complaint No. 200 of 2016 was then filed by the Respondent No. 1 before the State Commission which allowed it ex parte and directed the Appellant herein to (a) hand over possession of the flat in question on receipt of the balance outstanding amount of Rs.1,00,000.00 and to execute and register the Deed of Conveyance; (b) issue a Completion Certificate to enable mutation of name before the appropriate authority; and (c) pay Rs.10,000.00 as litigation costs and Rs.10,000.00 as compensation for harassment and agony within 60 days of the order. This order is impugned before us.