BISWARUP ROY & ANR. S/O. LATE BIRENDRA KUMAR ROY, LAXMI NARAYAN BHABAN (OPPOSITE NORTH BARRACKPORE MUNICIPALITY HOSPITAL) KANTHA DHAR, ICHAPUR, P.S. NOAPARA, NORTH 24 PARGANAS WEST BENGAL Vs. BENGAL PARK CHAMBERS HOUSING DEVELOPMENT LIMITED & ANR., HAVING ITS OFFICE AT: 3/1, DR. V.N. BRAHAMACHARI STREET, KOLKATA WEST BENGAL

JUDGEMENT

(1.) The petitioner has served dasti notice on respondent no.2-West Bengal Housing Board. Respondent No.1 has already been served. No one is present either of the respondents despite service. We have therefore proceeded to hear the learned counsel for the petitioners on merits.

(2.) The complainants/petitioners booked a residential apartment with respondent no.1 in a building namely Orange building which the said respondent was to construct at New Town in West Bengal. An apartment having 440 Sq. ft. of super area was allotted to the complainants/petitioners and admittedly they paid the agreed sale consideration to the respondent no.1, in installments. Vide letter dated 21.09.2009, the possession of the apartment was offered to the petitioners/complainants though the project was not complete in all respects at that time. The aforesaid letter to the extent it is relevant reads as under:-

(3.) It would thus be seen that no permanent power supply was available with the project when the aforesaid letter offering possession was issued by the respondent no.1. The case of the petitioners/complainants is that since the project was not complete in all respects and even did not have permanent power supply, they did not take possession at that time despite having made full payment to respondent no.1. Some charges were demanded from the petitioners vide above referred letter dated 21.09.2009 and those charges were also paid by them in due course. The registration charges are also stated to have been paid. Since possession of the flat was not delivered to them, they approached the concerned District Forum by way of a complaint. They also disputed legality of several charges which the respondent no.1 had demanded from them.