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MANOJIT MANDAL, SAMIKSHA BHATTACHARYA, SHYAMAL KUMAR GHOSH
Samiran Kumar Singha – Appellant
Versus
MSDCON – Respondent
ORDER
Samiksha Bhattarcharya, Member—The instant complaint has been filed by the complainant u/s 17(1)(a)(i) of the CP Act, 1986 against the OPs alleging deficiency in service.
2. The facts of the case in brief are that the complainant, having in dire need of a suitable residential accommodation, was in quest of a flat at a convenient place under the police station Sonarpur. Having been approached by the OPs No. 1 & 2, the complainant expressed his desire to purchase a flat subject to fulfilment of his criteria. OP No. 1 is a proprietorship firm and OP No. 2 is the proprietor of OP No. 1 firm. Being satisfied the complainant entered into a registered agreement for sale with the OPs to purchase a self-contained flat on 04.06.2012 lying and situated at Holding No. 145, Netaji Subhas Road, under Rajpur-Sonarpur Municipality, Ward No. 8, District 24 Parganas (South) which is described in Schedule B of the petition of complaint. The full and final consideration of the flat was settled at Rs.24 lakhs and after payment of full consideration, the deed of conveyance has been executed on 31.05.2013 with the terms and conditions of the agreement and OPs agreed to comply the remaining terms an
Demarcation of the car parking space - The prayer for demarcation of the car parking space cannot be entertained by this Commission.
Developers are accountable for possession delays and quality issues under housing agreements, invoking the Maharashtra Ownership of Flats Act and Consumer Protection Act.
The court ruled that a consumer society cannot claim compensation for deficiency without clear evidence of service shortfalls and emphasizes obligations under the Consumer Protection Act and MOFA.
Proper party inclusion is essential in consumer complaint cases to address issues of common interest adequately.
In the event of failure to give possession of flat as agreed, purchaser is entitled to approach Consumer Commission.
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