Back
AJEYA MATILAL, SOMA BHATTACHARJEE
Nitai Dey – Appellant
Versus
Prasen Nayak alias Sri Prosenjit Nayak – Respondent
ORDER
Ajeya Matilal, Presiding Member—
Ld. Advocate for the Complainant is present along with the Complainant. OP is absent.
2. Heard the submission of the Ld. Advocate for the Complainant.
3. This is a Consumer Complaint filed under section 17 of the Consumer Protection Act, 1986 valued at Rs.35,20,000/-. The Complainant entered into an agreement dated 23.02.2015 for purchasing a flat situated at the 2nd floor at 17/6A, Biplabi Barin Ghosh Sarani, Kolkata – 700067 for consideration of Rs.35,20,000/-. The OP entered into an agreement for sale of a residential flat of 800 sq.ft. super built up area, more specifically mentioned in the 2nd schedule of the Agreement for Sale. The Agreement for Sale was notarised on 26.03.2015. It would appear from the Agreement for Sale dated 26.03.2015 at page 55 that the residential flat at the 2nd floor was measured with more or less of 800 sq.ft. super built up area including bedroom kitchens etc. The total consideration was Rs.35,20,000/-. As per the Agreement dated 26.03.2015 the committed date of delivery of possession of the flat was within 18 months from the date of agreement. The Complainant paid Rs.35,20,000/- through different cheques, bank
LAW POINTPocket Witness –Commission cannot take a decision upon the pocket witness submitted by the Complainant himself.
Consumers are entitled to relief for gross negligence in service delivery as per the Consumer Protection Act.
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....
Commercial Purpose - Mere allegation, that the purchase of the said flat is for commercial purpose, cannot be the ground to reject the present consumer complaint.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
