M/S. BGA REALTORS Vs. TANMAY HALDER

JUDGEMENT

(1.) This revision petition has been filed under section 21(b) of the Consumer Protection Act, 1986 against the impugned order dated 31.07.2015, passed by the West Bengal State Consumer Disputes Redressal Commission (hereinafter referred to as 'the State Commission') in First Appeal No. 406/2014, "M/s. BGA Realtors versus Tanmay Halder And Ors.", vide which, while dismissing the appeal, the order dated 25.02.2014, passed by the District Forum Burdwan in consumer complaint No. 148/2012, allowing the said complaint, was upheld.

(2.) Briefly stated, the facts of the case are that the complainant Tanmay Halder entered into a sale agreement on 30.01.2010 with the petitioner/Opposite Party (OP)/Developer to purchase Flat 4C, Block-7, with a built-up area 809 sq.ft. in their project "Sparkin", including car parking space for a consideration of Rs.15,35,000/-. Thereafter, a supplementary agreement dated 16.07.2010 was entered between the parties, according to which, the sale consideration for the flat was finalised as Rs.14,14,000/- The complainant alleged that out of this amount, he had already paid a sum of Rs.13,57,250/- to the OP Builder, but still, the OP failed to deliver the property within the period of 18 months from December 2009, as stated in the agreement. On the other hand, the OP issued a letter dated 13.12.2011 to the complainant, seeking payment of a sum Rs.1,76,213 on various items, although the balance amount of Rs.56,650/- only for the sale price of the said flat, was required to be paid. The complainant filed the consumer complaint in question, seeking directions to the OP to deliver him the possession of the flat at the agreed price, with all facilities and benefits and to pay him a compensation of Rs.22,500/- for deficiency in service etc. and also to pay a compensation of Rs.1 lakh against mental agony, alongwith litigation cost of Rs.5,000/-.

(3.) On record, is a copy of letter dated 13.12.2011 issued by the OP Developer to the complainant, in which the details of items for which a sum of Rs.1,76,213/- has been demanded from him, has been given and is reproduced as under:- <FRM>JUDGEMENT_26_LAWS(NCD)1_2018_1.html</FRM>