IMPORTANT POINT
Deficiency in service – The facts and circumstances and the materials on record, more particularly, relying on the evidence of the complainant it is palpably clear that the opposite parties could not keep their promise, and as such, they are deficient in rendering services towards the complainant.

ORDER

Manojit Mandal, President—The instant complaint under section 17 of the Consumer Protection Act, 1986 ( in short, ‘the Act’) is at the instance of the complainant against the Developer/Builder Opposite Party No.1 and the land owners on the allegation of deficiency in services on the part of the opposite parties in a consumer dispute of housing construction.

2. In a capsulated form, the complaint case is that the complainant herein entered into an agreement with the opposite parties on 21/03/2016 (subsequently notarized on 10th of May, 2016) for purchase of a flat at the 4th floor, south-west side, measuring 350 sq. ft. of super built up area consisting of two bedrooms, one dining room, one kitchen, one toilet, one W.C., one verandah and one car parking space measuring 135 sq. ft. at the ground floor at premises No.9, Brojomohan Mondal Road, East Rajpur, P.O. Santoshpur, P.S. Purba Jadavpur, now Survey Park, Kolkata - 700 075 and accordingly, the complainant paid Rs.18,00,000/- (Rupees Eighteen Lakh) only upon execution of agreement for purchase of the said flat together with the car parking space.

3. Further case of the complainant is that it was agreed that the construction of the flat will be completed within a period of 30 months from the date of getting sanctioned plan from the Kolkata Municipal Corporation. But unfortunately, the same project has not been completed by the opposite parties and no communication has been made to the present complainant by the present opposite parties showing the reason of inordinate delay in completion of the said project at the said premises.

4. Further case of the complainant is that the complainant has waited for long and is unable to wait any longer and in that view of circumstances unless the proper direction is made upon the opposite parties to complete the incomplete construction work within a period of three months thereof the very object of the complainant in filing this petition of complaint will be frustrated and the complainant will suffer irreparable loss and injury. The complainant has alternatively prayed for direction upon the opposite parties to refund the amount of Rs.18,00,000/- (Rupees eighteen lakh) only so paid at the time of execution of the agreement together with the cost of compensation for harassment of the complainant along with cost of litigation as assessed by the complainant herein. Hence this case.

5. Despite service of notice, the opposite parties did not appear to contest the consumer case. As such, the case was heard ex parte against the opposite parties.

6. The complainant tendered evidence through affidavit.

7. The overwhelming evidence on record makes it abundantly clear that the complainant entered into an agreement with the opposite parties on 21/03/2016 and the same was subsequently notarized on 10th of May, 2016 for purchase of the flat at 4th floor, south-west side measuring 850 sq. ft. of super built up area consisting of two bedrooms, one dining room, one kitchen, one toilet, one W.C., one verandah and one car parking space measuring 135 sq.ft. at the ground floor at premises No. 9, Brojomohan Mondal Road, East Rajpur, P.O. Santoshpur, P.S. Purba Jadavpur, now Survey Park, Kolkata - 700 075. It is also in evidence on record that the complainant paid Rs.18,00,000/- (Rupees eighteen lakh) only upon execution of agreement for purchase of the said flat together with car parking space out of Rs.27,00,650/- (Rupees twenty seven lakh six hundred and fifty) only.

8. The opposite parties undertook to complete the construction and to hand over the alleged flat within 30 months from the date of getting sanctioned plan from the Kolkata Municipal Corporation. But unfortunately, the said project has not been completed by the opposite parties and no communication has been made to the complainant by the present opposite parties showing the reason of inordinate delay in completion of the said project at the said premises.

9. Therefore, it is not a dispute th