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 parties to immediately make a payment of Rs.5 Lakhs per Complainant at least only, due to the harassment and mental and physical agony the petitioner went through, as a result of the deficiency of service by the opposite parties, along with litigation cost.

(iv) Pass an Order declaring that each of the Petitioners / Complainants are entitled to a total compensation of Rs.10,00,000/- as compensation for harassment and mental and physical agony against the opposite parties, either together or severally, in favour of the petitioner / complainant. And

(v) Pass such other or further order or orders as Your Honour may deem fit and proper;

3. It is the case of the complainants that the complainants and the opposite party herein entered into an agreement for sale on different dates for purchasing different flats and subsequently, the complainants purchased the said flats from the opposite party by virtue of a registered deed of sale on different dates after payment of the consideration money.

4. To prove the case the complainants have filed the photocopies of deeds of agreement for sale and photocopies of registered deeds of sale in favour of the complainants executed by the opposite party.

5. Letter P2 is the photocopy of agreement for sale executed between the complainant Nos. 1 & 2, opposite party and the land owners dated 20.10.2021 which discloses that the developer has completed the construction work of the said building plan being No.1060/12/13 dated 10.01.2013 and the competent authority has issued completion certificate being sl. No. 689/14/15 dated 20.07.2014. Letter P2 is also the photocopy of deed of conveyance executed between the complainant Nos.1 & 2, opposite party and the land owners dated 31.01.2022 which also discloses that the case flat was purchased by the complainant Nos. 1 & 2 by virtue of the said deed of sale. The photocopy of said deed of sale also discloses that the developer has completed the construction work of the building plan being No. 1060/12/13 dated 10.01.2013 and the competent authority has issued completion certificate being sl. No. 689/14/15 dated 20.07.2014. In the petition of complaint the complainants have duly stated that after registration the developer handed over the possession of the subject flat to the complainant Nos.1 & 2.

6. The agreement for sale dated nil executed between the complainant No. 3 and the developer discloses that the land owners, complainant No. 3 and the developer entered into an agreement to sale the flat at a total consideration money of Rs.28,39,100/- (Rupees twenty eight lakh thirty nine thousand and one hundred only) and subsequently, the deed of sale dated 30.06.2022 was executed between the complainant No. 3, the opposite party and the land owner and possession of the subject flat was