DEBOBRATA NASKAR SON OF LATE BADAL CHANDRA NASKAR Vs. BIDYUT ADDYA & 8 ORS SON OF LATE BANKIM CHANDRA ADDYA

JUDGEMENT

(1.) Aggrieved by the order dated 30.11.2016 in Consumer Complaint No. 259 of 2015 passed by the West Bengal State Consumer Disputes Redressal Commission, New Delhi (in short "the State Commission"), the first Opposite Party namely, Debobrata Naskar and the second Opposite Party namely, Sayanti Dutta preferred First Appeal Nos. 685 of 2017 and 1127 of 2017 respectively. By the impugned order, the State Commission has allowed the Complaint in part directing first and second Opposite Parties to refund the amount of Rs.12,50,000/-, pay compensation of Rs.10,00,000/- and costs of Rs.10,000/- within 30 days from the date of the order failing which the amount shall carry interest @ 12% p.a. from that date till its realization. The case against Opposite Parties No. 3 to 8 was dismissed.

(2.) Since both these Appeals are arising out of a common impugned order, they are being disposed of by this common order.

(3.) The facts in brief are that the Complainants entered into an Agreement with the Opposite Parties on 11.05.2011 for purchase of a flat admeasuring 739 sq. ft. on the second floor at premises No. 56, Jadavgarh, P.S.-Kasba, Kolkata for a total sale consideration of Rs.12,25,640/- @ Rs.1300 per sq. ft. It was averred that the Complainants paid an amount of Rs.50,000/-by cash to the first and second Opposite Parties and subsequently in the month of October, 2011 the parties agreed to enhance the size of the flat and the rate from Rs.1300 per sq. ft. to Rs.1600 per sq. ft. the size of the flat was also agreed to be increased from 739 sq. ft. to 961 sq. ft. on the first floor for a total sale consideration of Rs.20,37,120. It was stated that the advance amount of Rs.12,75,000/- was paid to the first and second Opposite Parties on different dates. In the Agreement it was stated that the developer would hand over the subject flat within 12 months from the date of Agreement for sale. Despite repeated requests, the sale deed was not executed and therefore the Complainant approached the State Commission seeking direction to the Opposite Parties to execute the sale deed after receipt of the balance sale consideration or refund the amount of Rs.12,75,000/- with interest @ 12% p.a., compensation of Rs.10,00,000/- and costs of Rs.50,000/-.