RITWIKA BISWAS Vs. SAGAR CREATION

JUDGEMENT

(1.) Present Revision Petition has been filed by the Petitioner/Complainant against the impugned order dated 20.09.2016, passed by West Bengal State Consumer Disputes Redressal Commission at Kolkata (for short, 'State Commission') in First Appeal No.1340 of 2014.

(2.) Brief facts of the case are that Petitioner/Complainant entered into a registered agreement for sale on 30.04.08 with the Respondent/Opposite party for purchasing a flat No.6 on the 3rd floor, Block-A in Sreya Residency, GF-19/2, Nabapally, Jyangra, Baguiati, Kolkata-700 059 together with a car parking space No.1 measuring 162 sq. ft. on the ground floor of Block-A of the same premises. The deed of conveyance for the said flat along with the car parking space no.1 measuring 162 sq. ft. was registered on 01.08.2011. It was stated that the flat was handed over to the Complainant by the Respondent on 01.08.11, but he did not hand over/allocate the said car parking space physically and formally to the Complainant on that day, although the possession letter speaks of an allotment of car parking space which was said to have been handed over to the Petitioner. Although mentioning of allotment was there in the letter, but exclusive demarcation of the car parking space was not mentioned. The Respondent has recently started allocating car parking spaces to the other flat owners by sending them letters of such allocation. The Petitioner sent several letters to the Respondent requesting for allocation of the car parking space physically and formally following the Municipal Rules, but to no effect. Deficiency in service on the part of the Respondent also occurred due to the unauthorized construction carried out by the Developer in violation of the Act and Rules. For the said reason, the Petitioner filed a consumer Complaint before the District Forum praying for allocation of car parking space and supply of completion certificate with compensation of Rs.5 lakh and litigation cost of Rs.25,000.00.

(3.) The Respondent/Opposite Party contested the case by filing written version stating therein that Petitioner/Complainant has entered into an Agreement for Sale 30.04.08 with the O.P., for sale of flat being No. 6, on the third floor, Block 'A' and one car parking space measuring about 1299 Sq.ft super built up area including car parking area of 162 Sq.ft (including stair, corridor, lift area, lift machine room, community hall, along with 25% super build up area) consisting of two bed rooms, one kitchen, two toilets and one living-cum-dining room and one balcony at a total consideration of Rs. 11,75,400.00 only and in the said Agreement for Sale the land owner is the vendor/ confirming party. The said registered Agreement for Sale had been subsequently modified with a supplementary Agreement for Sale on 19.12.08 because the area of flat had been increased and some extra work was done by the Respondent. Further, the land owner had not been made party to the instant case though the land owners was a necessary party to the instant case and on that score the instant case was not maintainable.