GREEN PEAK REALTY Vs. KAUSHIK MANDAL

JUDGEMENT

(1.) Challenge in these Revision Petitions under Section 21 (b) of the Consumer Protection Act (in short "the Act") is to the orders dated 22.09.2017 in First Appeal Nos. A/829/2015 and A/823/2015, respectively passed by the State Consumer Disputes Redressal Commission, Kerala (in short "the State Commission").

(2.) The facts in brief are that the Complainant entered into an Agreement for purchase of two residential flats ad-measuring 375 sq.ft. and 590 sq.ft, in the first and in the 3rd floor of the building 'Snehlata Apartments' for which the Complainant paid an amount of Rs.4,10,000/- out of the total consideration of Rs.4,50,000/- for the First Floor flat and paid Rs.5,40,000/- out of the total consideration of Rs.6,90,300/- for the Third Floor flat, respectively. It is averred that Opposite Parties 2 & 3, i.e., the Land Owner and the Developer could not get the Completion and Occupation Certificates from North Barrackpore Municipality and that they are yet to complete the boundary wall, boundary gate, stair case, electrical wiring, water connection, parking space, Get pump, etc. It is further averred that the Opposite Parties did not complete the final registration process despite the said Agreement entered into on 25.02.2011. It is pleaded that several requests were made to both the Opposite Parties to execute the Sale Deed and give the flats in a finished condition with the Completion Certificate, but there was no response.

(3.) It is also averred that in Flat No.104, as per the Agreement, the Opposite Parties ought to provide 375 sq.ft. including super built-up area, whereas they have provided only 314.5 sq.ft. and in Flat No.304 out of the promised 590 sq.ft., only 461 sq.ft. of super built-up area was provided. Hence, it is pleaded that the Opposite Parties ought to have deducted Rs.2,23,530/- from the sale consideration as the sq.ft. value calculation for Flat No.104 is Rs.1200 x 60.5 = Rs.72,600/- and for Flat No.304, it is Rs.1170 x 129 = Rs. 1,50,930/-. Hence the Complainant seeks the following the prayers :-