IMPORTANT POINTS
(1) Power of attorney - In absence of power of attorney, OPs No. 1 & 2 have no power to construct the building or to execute and register the deed of conveyance in favour of the complainant.
(2) Nature and object of the Act - The Consumer Protection Act is a benevolent legislation and its aim is to protect the consumers.

ORDER

Samiksha Bhattacharya, Member—The instant Appeal has been directed by the appellant/complainant challenging the order dated 30.06.2015 passed by Ld. District Commission (North 24 Parganas) in Complaint case being No. CC/71/2015.

2. Brief facts of the case in brief are that, the appellant/complainant, (hereinafter referred to as ‘complainant’) intended to purchase one flat of “Balaka Apartment” and accordingly tripartite agreement for sale with the landlady i.e., Respondent No. 3/OP No. 3 (hereinafter referred to as ‘OP No. 3’) and the developer/partner of M/s. Shivam Constructions, namely, Alok Roy Chowdhury was executed on 01.06.2012. The agreement has been executed between them to sell all that one self-contained flat measuring more or less 750 sq. ft. (approx.) including 25% super built up area be the same more or less on the south-east side, first floor, being Flat No. B within the scheduled property as mentioned in the petition of complaint. The consideration of the flat was fixed at Rs.20,00,000/- out of which the complainant has paid part by part through different bank transactions and also some amount by cash payment being total amount is of Rs.13,80,000/- + Rs.50,000/- i.e., Rs.14,30,000/- in favour of M/s. Shivam Construction as well as on behalf of OP No. 3 being the land lady. Mr. Alok Roy Chowdhury since deceased, the husband of the OP No. 1 (hereinafter referred to as ‘OP No. 1’) , and father of Respondent No. 2/OP No. 2 (hereinafter referred to as ‘OP No. 2’) and the Respondent No. 4/OP No. 4 (hereinafter referred to as ‘OP No. 4) were the partners of M/s. Shivam Construction. After the death of said Alok Roy Chowdhury on 22.07.2013, his legal heirs namely, Smt. Shibani Roy Chowdhury/the wife of Alok Roy Chowdhury and Sailee Roy Chowdhury/daughter of Late Alok Roy Chowdhury were the the partners in the place of Alok Roy Chowdhury, since deceased and they are performing the work in management of M/s. Shivam Construction. OP No. 3 is the owner of the scheduled property, who made an agreement with M/s. Shivam Construction on 02.09.2005 having its registered office at 35/7, B.T. Road P.S. Baranagar, Kolkata - 700050. The agreement between the land-owner and developer M/s. Shivam Construction was executed in respect of development of the premises within the schedule property as mentioned in the complaint and also agreed by the parties to construct a multi-storied building providing residential flats with intention to sell out to the intending purchasers against consideration. After sanctioning the plan from Baranagar Municipality M/s. Shivam Construction started the proposed construction and partly completed the said multi-storied building under the name and style as ‘Balaka Apartment’.

3. Complainant by strength of the agreement booked one flat. After entering into the tripartite agreement for sale and after making payment of the major portion of the amount against the consideration of the flat, on several times, the complainant requested the OP to execute the deed of conveyance on receiving the balance consideration amount and also to handover the possession of the schedule mentioned flat to her but there was no response from the OPs. Being disgusted and hopeless by the evil motive of the OP members to neglect her legitimate demand against the flat, the complainant, having no other alternative, compelled to lodge a complaint against OP members and their mischievous associates before the Baranagar Police Station dated 10.12.2014 narrating the facts.

4. Complainant is ready and willing to perform her part of contract but the OP members have failed to discharge their obligation in executing the deed of conveyance as well as to handover the possession of the schedule mentioned flat in favour of the complainant which amounts to deficiency in service. Hence,the complainant filed a petition of complaint before the Ld. DCDRC, North 24 Parganas praying for direction upon OPs jointly and severally to execute and regist