M/S. D.K. CONSTRUCTION REP. BY ITS PROPIETOR SRI. DEEPTEN DAS, 122, SANTOSHPUR AVENUE, GROUND FLOOR, (BACK SIDE), P.S. PURBA JADAVPUR, KOLKATA Vs. ARUP BANERJEE & 2 ORS. SON OF LATE MANIKLAL, BANERJEE, MUKHERJEE PARA, DAKSHIN PARA, P.O. AND P.S. BARASAT, DIST 24 PGS., KOLKATA

JUDGEMENT

(1.) This appeal has been made under Sec. 19 read with Sec. 21(a)(ii) of the Consumer Protection Act, 1986, against the impugned order dated 19.07.2016, passed by the West Bengal State Consumer Disputes Redressal Commission, (hereinafter referred to as "the State Commission ") in Consumer Complaint No. CC/159/2013, Sri Arup Banerjee Vs. M/s. D. K. Construction & Ors. , filed by the present respondent no. 1, Arup Banerjee against the appellant builder and others, vide which, the said complaint was allowed.

(2.) Briefly stated, the case of the complainant Arup Banerjee is that he entered into an agreement with the appellant/OP-1 on 30.06.2011 for purchase of a flat in a residential project, being developed by the said builder on the land owned by respondents no. 2 and 3/OPs-2 and 3. The total consideration for the said property was Rs. 25 lakhs, out of which, a sum of Rs. 21.5 l a k h s was paid to the developer on the date of the agreement. However, in spite of several requests, the appellant builder failed to handover the possession of the building to him, along with the completion certificate. The complainant filed the consumer complaint in question, seeking directions to the OPs to deliver the possession certificate and the completion certificate in respect of the property, and also to get the conveyance deed registered in his favour, after taking the balance consideration from him. The complainant also requested that a sum of Rs. 10 lakhs be paid to him for compensation against mental agony etc. and Rs. 30,000.00 against litigation cost.

(3.) The appellant/OP-1 filed written version before the State Commission, in which they denied the allegations in the complaint and stated that the complainant had collected a copy of a draft agreement from his office, with a promise to return the signed agreement along with cheque/draft of Rs. 21,51,000.00 towards part payment of Rs. 25 lakhs. However, the complainant did not return the signed agreement, nor made any payment to the OP-1. It was stated in the written version that the consumer complaint should be dismissed and criminal action should be initiated against the complainant under Sec. 340 of Crimial P.C. and also under Sec. 177/181 Crimial P.C. for making false statements.