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MANOJIT MANDAL, SAMIKSHA BHATTACHARYA, SHYAMAL KUMAR GHOSH
Goutam Roy Chowdhury – Appellant
Versus
Design O Execution – Respondent
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
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....
Compensation - The complainants cannot be compelled to wait any more for the builder to deliver and they are entitled to seek refund of the money paid by them along with appropriate compensation.
Flat Buyers Agreement – Complainants cannot be expected to wait for possession of apartment/flat for indefinite period of time.
Refund – it is well within the Complainant’s right to seek for refund of the principal amount with interest and compensation as construction is still not complete.
Valid Possession – Mere completion of structure cannot be said that the Apartment is ready for valid possession.
LAW POINT Global recession – Complainants cannot be made to wait indefinitely for the delivery of possession and the act of the Opposite Party in relying on global recession while retaining the amou....
1) Alleged delay in renewal of the licence from Directorate of Town & Country Planning, Haryana does not justify the delay in completion of construction2) Do not find any force in defence taken by Op....
Contractual obligations bind parties to agreements, and failure to comply constitutes deficiency of service.
(1) Delay - the construction of a residential apartment constitutes a ‘service’ and that the delay in not adhering to the indicated time schedule constitutes deficiency in service.(2) Refund – the de....
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