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C.VISWANATH, RAM SURAT RAM MAURYA
Mita Majumder – Appellant
Versus
Sreesree Partha Sarathi Developer – Respondent
ORDER
The present Appeal is filed against the interlocutory order in IA/231/2022 dated 06.04.2022 passed by State Consumer Disputes Redressal Commission, West Bengal, Kolkata (in short State Commission’) Consumer Complaint No.496/2018 whereby the State Commission allowed the application.
2. Alongwith the First Appeal, IA/5173/2022, an application for condonation of delay of 5 days has also been filed. However, as per computation done by the Registry, there is a delay of 24 days. For the reasons stated in the application and in the interest of justice, IA/5173/2022 is allowed and delay condoned.
3. Case of the Appellants/Complainants is that they booked flat No.2A on second floor, Block B measuring 1019 sq. ft. super built up area and a car parking space with Opposite Party No.1/Builder, for a total consideration of Rs.51,37,400/, by paying an advance of Rs.1,00,000/-. On 18.11.2015, the Appellants and Opposite Party No.1 entered into a tripartite agreement whereby the Appellants paid an amount of Rs.14,41,220/- i.e. approximately 85% of the total consideration. As per agreement, possession of the flat was to be delivered upto 30th January, 2017, failing which Opposite Party No.1 wa
Order of possession - The unit in question has already been transferred/allotted by Respondent to third party, and OP has already refunded the entire principal amount paid by the Petitioner, it may n....
A balanced and reasonable order passed by State Commission is not amenable to interference in revision.
One-sided contractual terms - Appellant-Builder cannot seek to bind the Respondent with such one-sided contractual terms.
“Since Complainant ceased to be a consumer, complaint held not maintainable.”
The court confirmed the right to interest for delayed possession, noting the absence of force majeure and completion certificate.
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