IMPORTANT POINT
Pleadings - It is well settled principle of law that the complainant/petitioner cannot go beyond his/her pleadings and on the basis of the said principle the complainants are entitled to get refund of Rs.11,00,000/- only.

JUDGMENT

Shyamal Kumar Ghosh, Member—The instant Consumer Case has been filed by the complainants against the opposite parties praying for certain reliefs which are reproduced as under:—

(a) To refund Rs.11,00,000/-,

(b) To pay compensation Rs.5,00,000/- for harassment,

(c) To pay compensation Rs.7,00,000/- for mental agony and escalation of price of the flat elsewhere,

(d) To pay cost of the suit Rs.50,000/- and to pass such further order/orders as your Lordship may deem fit and proper,

And for this your petitioner as in duty bound shall ever pray.

2. The panorama of the case is that the opposite parties 1 and 2 both are recognized as the developers and the rest of the opposite parties (3 to 8) are called as land owners. A Registered Power of Attorney has been executed between the landowners and the developers wherein the ops/Ramawati Construction has been appointed as an attorney to construct a building on the land after demolishing the existing structure. Going through the registered power of attorney dated 11/09/2015 for development purpose, the complainants had an interest to purchase a flat. At the time of execution of the agreement dated 24/11/2016, the complainants have paid Rs.10,00,000/- (ten lakh) only to the ops/developers on the self same date. Thereafter the complainants have also paid Rs.14,30,000/- (fourteen lakh thirty thousand) only in different instalments. The said amount has been acknowledged by the ops/developers. The complainants have paid 50% of the consideration money. But the fact discloses that there was no chance to get the flat in habitable condition and further more that the developer has duped the complainants to accept less area of flat 1316 sft instead of 1600 sft as per agreement executed between the parties. Since the developer could not build or make any construction the building within the stipulated period of time, the complainants/petitioners could not wait for uncertain and indefinite period of time for getting the flat in question and as such the complainants have prayed for refund of money, but the developer/op did not pay any heed in this respect. One Nasiruddin, planner and estimator of Panihati Municipality has been appointed for measurement of the said flat but after measurement of the same it was found that the covered area is approximate 1316 sft and the garage measuring super built up area is 90.56 sft. But as per agreement dated 24/11/2016 it has been agreed by and between the parties that 1600 sft more or less super built up area and one go-down on the west side measuring a super built up area of 100 sft would have been provided to the complainants. But the op/developer has failed to comply with the said terms and conditions also and as such refund of money is the best option at the behest of the complainants. Till date no suitable or fruitful result has been come out and as such having no other alternative the complainants have rushed to this Commission for getting proper reliefs as prayed for.

3. The opposite parties 1 & 2 contested this case by filing written version stating inter alia that by virtue of agreement for sale the complainants have agreed to purchase the flat in the second schedule of agreement with a total consideration amount of Rs.42,00,000/- and out of which the complainants have already paid Rs.21,00,000/- only to the opposite party-2/developer till 11/012017. After execution of aforesaid agreement, the complainants instructed the op no – 2 to make some modification and alteration of the said flat in question and as per said instruction, the op no -2 has already borne the cost of Rs.1,00,000/-. The complainants, herein, has promised to pay the same to the op no – 2 at the time of execution and registration of the deed of conveyance. The opposite parties have also urged that the complainants have failed to pay full consideration money of Rs.42,00,