JAHARLAL KANU S/O. LATE RAM KIRIT KANU, R/O. HARIDHAN CHAKRABORTY SARANI, P.O. SONARPUR, KOLKATA Vs. DR. KRISHNENDU MUKHERJEE & 7 ORS. S/O. DEBABRATO MUKHERJEE, R/O. SAHEBPARA, P.O. SONARPUR, KOLKATA

JUDGEMENT

(1.) The complainant who is a Doctor by profession, entered into an agreement with the petitioner for purchase of a commercial space measuring 945.71 sq. ft. on the first floor of a building which the petitioner was to construct at Mouja - Nowapara within the limits of Rajpur-Sonarpur Municipality. He made part payment of Rs.8,75,000.00 to the petitioner. The possession was agreed to be delivered to him within 24 months and the balance payment was linked with the progress of the construction of the building in which commercial space was sold to the complainant. The petitioner by way of a legal notice, cancelled the allotment on the ground that the complainant had failed to make the balance payment of the sale consideration. A cheque of Rs.8.75 lacs representing the part consideration paid by the complainant was annexed to the said legal notice. The aforesaid cheque dated 03.09.2010 however, was not encashed by the complainant who approached the concerned District Forum by way of a consumer complaint seeking possession of the said commercial space along with compensation. The cheque of Rs.8.75 lacs was returned by him to the petitioner before filing the consumer complaint.

(2.) The complaint was resisted by the petitioner primarily on the ground that the complainant had failed to pay the balance sale consideration as per the payment schedule agreed between the parties and since timely payment of the sale consideration was the essence of the contract, the allotment made to the complainant had rightly been cancelled.

(3.) The District Forum vide its order dated 06.05.2013, directed the petitioner to deliver possession of the commercial space to the complainant within 30 days. He was also directed to pay compensation quantified at Rs.20,000.00 and the cost of litigation quantified at Rs.10,000.00. The complainant was directed to pay the balance consideration on or before the date of giving the possession/registration of the Conveyance Deed.