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MANOJIT MANDAL
Pradip Mazumdar – Appellant
Versus
B. K. Enterprise – Respondent
JUDGMENT
Manojit Mandal, President—The instant complaint case under section 47 read with section 18 of the Consumer Protection Act, 2019 ( in short, ‘the Act’) is at the instance of the complainants against the opposite party on the allegation of deficiency of service on the part of the opposite party in a consumer dispute of housing construction.
2. The complainants have filed the instant complaint case praying for the following reliefs:—
“(i) Directing the opposite party to immediately provide and/or install/fix all the facilities attached with the Flat/Unit/Garage within 1 month of the passing of the Order and hand over possession of the building with all the necessary documents in connection with the building “Keshab-dham” at Arjunpur Charaktala Municipal Road, Mouza Arjunpur, J.L. No.7, Block–C, Kolkata–700 059, Ward No.8 of Bidhannagar Municipality, P.S. Baguihati, District–North 24 Parganas, to the Petitioners/Complainants within the said period;
(ii) Directing the opposite parties to immediately make a payment of compensation of Rs.10,00,000/- (Ten Lakhs Rupees Only) to each of the Complainants, along with an interest of 18% per annum,
(iii) Directing the opposite part
Consumer – Complainant & OP are purchaser & seller – Dispute is not consumer dispute & Complainant is not ‘consumer’.
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.
The court affirmed that housing construction agreements fall under the Consumer Protection Act, establishing that both parties were bound by the definitions of 'consumer' and 'service'.
Possession of flat – Sale agreement executed – Non-payment of part of sale price would not affect validity of sale.
(1) Limitation - The provision is peremptory in nature, requiring the Consumer Commission to examine before it admits the complaint that it has been filed within two years from the date of accrual of....
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