SAMIKSHA BHATTACHARYA
Umang Nemani – Appellant
Versus
Gayatri Devi Agarwalla alias Gayatri Devi Kajoria – Respondent
JUDGMENT
Samiksha Bhattacharya, Presiding Member.—The instant complaint case has been filed under section 17(1)(a)(i) of the Consumer Protection Act 1986 alleging deficiency in services against the OPs.
2. Facts of the case, in brief, are that the Complainant purchased a separate self-contained flat mentioned in the schedule “A” of the petition of complaint by virtue of execution and registration of the Deed of Conveyance by the OPs upon receipt of entire consideration on 31.03.2008. The possession of the flat has been provided to the Complainant as per contractual agreement executed by the parties along with completion of building in connection with the section 403 of the KMC Act. After getting the possession of the flat in question as well as car parking space, the Complainant has discovered that the area mentioned in the Deed of Conveyance are not in accordance with the actual measurement of the flat and in such circumstances to find the authenticity of the measurement the Complainant engaged an empanelled Valuer of Calcutta High Court, namely Shri Manojit Dey who upon physical verification of measurement of the flat and the car parking space found out the anomaly in the measure
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