SHYAMA ENCLAVE PVT. LTD. Vs. SUJATA BANERJEE

JUDGEMENT

(1.) This Appeal has been filed by 'M/s Shyama Enclave Pvt. Ltd.' against the impugned Order dtd. 19/9/2016 passed by the State Consumer Disputes Redressal Commission, West Bengal in Complaint No. 285 of 2013, vide which, the Complaint was allowed in favour of the Complainant.

(2.) The factual background, in brief, is that the Complainant Sujata Banerjee had entered into an Agreement for Sale on 30/1/2009 with the Opposite Party to procure a 3BHK Flat, spanning approximately 1350 Sq. Ft., at a total cost of Rs.29,00,000.00. Across various dates, the Complainant fulfilled the entire stipulated consideration, acknowledged by receipts. Subsequently, an additional sum of Rs.11,00,000.00 was remitted in cash and by A/c payee cheque upon the Opposite Party's insistence, yet despite repeated requests, no receipt was issued for this supplemental payment. Moreover, an extra Rs.15,000.00 was allegedly remitted through an A/c payee cheque for the electricity connection, which also lacked acknowledgment. The Agreement specified that the Opposite Party would deliver possession of the Flat, and then execute the Deed of Conveyance in favour of the Complainant within 90 days from obtaining possession. The Opposite Party sent a notice of possession vide letter dtd. 20/1/2012 and also demanded huge amounts before handing over the possession. In response to the said letter, the Complainant sent a letter dtd. 1/8/2012 requesting a copy of Completion Certificate and also a copy of draft Deed of Conveyance. Notably, discrepancies arose concerning the Attornment charges, as the Agreement had stipulated a rate of 1%, while the Opposite Party actually demanded it at the rate of 2%. Despite the Complainant's readiness and willingness to fulfil her obligations, the Opposite Party failed to fulfil the commitments made, thus depriving the Complainant of the possession of the Flat and the extra payments made without proper documentation or acknowledgment. Dissatisfied with these unmet obligations and the lack of possession, the Complainant lodged her Complaint before the Ld. State Commission, West Bengal.

(3.) The Ld. State Commission vide the impugned Order dtd. 19/9/2016 allowed the Complaint. The Ld. State Commission directed the Appellant to refund an amount of Rs.6,00,000.00 to the Complainant/Respondent along with compensation of Rs.5,00,000.00 and Rs.10,000.00 as litigation cost aggregating to Rs.11,10,000.00. The relevant extracts of the impugned Order are set out as below '