WEST BENGAL HOUSING BOARD & 2 ORS. THROUGH LAW OFFICER, BISWAJIT GHOSH, S/O. TUSHAR K. GHOSH, OFFICE AT 105, S.N. BANERJEE ROAD, P.S. TALTALA, KOLKATA Vs. JAYESH SEN PRESENTLY RESIDING AT HOUSE NO. I

JUDGEMENT

(1.) This revision petition has been filed under section 21(b) of the Consumer Protection Act, 1986, against the impugned order dated 18.03.2016, passed by the West Bengal State Consumer Disputes Redressal Commission, Kolkata (hereinafter referred to as "the State Commission") in First Appeal No. A/1307/2014, Jayesh Sen Vs. West Bengal Housing Board & Ors., vide which, while partly allowing the appeal, the order passed by the District Consumer Disputes Redressal Forum, Kolkata on 29.09.2014 in Consumer Complaint No. 143/2014, filed by the present respondent, dismissing the said complaint, was upheld.

(2.) Briefly stated, the facts of the case are that in response to an advertisement made in Nov., 2007 by the opposite party (OP) Housing Board in newspapers for sale of flats in their Moonbean Project, the complainant Jayesh Sen applied for MIG flat on 17.12007 and deposited application money of Rs. 50,000.00. The OP Housing Board issued a provisional allotment letter dated 07.05.2008 to the complainant, allotting flat no. M-17B/14 and asked the complainant to deposit the balance amount of Rs. 7,88,600.00 after deducting the application money of Rs. 50,000.00 from the total consideration of Rs. 8,38,600.00. Since there was a delay of a few days in making the payment, the complainant deposited the said amount with penal interest of Rs. 12,834.00 in terms of the conditions given in the brochure. However, the OPs failed to honour their promise to hand over the flat along with common area facilities by the end of 2008. The possession of the flat was handed over on 03.10.2012, as stated in the complaint. Since the OPs had promised in their brochure to compensate for the delay in handing over the common area facilities by payment of savings bank rate of interest on the deposited amount for the period of delay, the complainant made a claim of Rs. 1,12,065.00 as compensation for the delay of 40 months. However, the OPs took the stand that the power connection was not provided to them by the concerned authority and hence, they could not hand over the facilities for reasons beyond their control. Alleging deficiency in service on the part of the OP Housing Board, the complainant filed the consumer complaint in question, seeking payment of promised interest of Rs. 1,12,065.00 and compensation of Rs. 60,000.00 for mental harassment etc. The complaint was resisted by the OP Housing Board by filing their written version before the District Forum, in which they stated that the common area facilities had been handed over to the Apartment Owners' Association on 04.05.2012 by the OP Housing Board. The sale deed had also been executed on 03.10.201 However, the delay in handing over the common area facilities was due to the failure of the statutory authority to provide supply of electricity to them and hence, the said delay occurred for reasons beyond the control of the OP Housing Board.

(3.) The District Forum, after considering the averments of the parties, dismissed the consumer complaint, saying that the consumer had not suffered any loss or damage due to delay in handing over the possession and hence, he was not entitled for any compensation. Being aggrieved against the order of the District Forum, the complainant challenged the same by way of an appeal before the State Commission. The State Commission, vide impugned order, directed to pay an amount of Rs. 94,275.00 as compensation in the form of simple interest @ 3% per annum on the paid amount of Rs. 8,38,000.00 for a period of 45 months. Being aggrieved against the order of the State Commission, the OP Housing Board is before us by way of the present Revision Petition.