ORDER

Manojit Mandal, President—This appeal has been filed under section 15 of the Consumer Protection Act, 1986 (in short, ‘the Act’) challenging the order dated 30.04.2019 passed by the Learned District Consumer Disputes Redressal Forum, Hooghly ( in short, ‘the District Forum, now ‘the District Commission’) in connection with consumer case No. CC/197/2014.

2. The appellant and respondent No. 2 being the complainant filed the instant complaint case being No. CC/197/2014 against the respondent/opposite party Sibnath Dutta praying for the following reliefs:—

“(a) pass an order directing the respondent to provide for the facilities of lift and lift room, two-wheeler parking space, underground water reservoir, pump and pump room, complete marble flooring of he staircase, perfect drainage facility for water on the roof, paint with primer of the exterior wall surfaces, coating of the interior wall common surfaces with ‘plaster of paris’, the second staircase and accounts for transformer fees charged;

(b) pass an order of compensation of Rs.6,00,000/- (Rupees Six Lakh) only or otherwise Rs.1,20,000/- (Rupees one lakh and twenty thousand) only in respect of each household for mental harassment and agony perpetrated on the petitioner due to the unfair trade practices of the respondent and for the deficiency of the services provided by him;

(c) pass an order of permanent injunction against the respondent restraining him from erecting the mobile/internet transmission tower or any permanent structure in the roof or any common usage areas of the apartment;

(C1) pass an order directing the respondent to provide for a community hall as per the original Sanction Plan No.B/496 dated 16/02/2010 as mentioned in the registered sale deed executed between the petitioners and the respondent.

(C2) pass an order directing the respondent to provide for a second staircase, as it is imperative under the building rules and fire safety;

(C3) pass an order directing the respondent to furnish the expenses incurred for installation of the alleged transformer;

(C4) pass an order directing the respondent to furnish the petitioners herein with ‘Completion Certificate’ after all the services and amenities in accordance with the sanction plan No. B/496 dated 16/02/2010 and thereafter provide ‘Occupancy Certificate’ to all the petitioners;

(d) Cost of the present proceedings;

(e) Further and other reliefs as the petitioners are entitled to;

(f) And the petitioners/complainants as in duty bound shall ever pray.”

3. Notice was duly served upon the respondent No. 1 and he contested the case by filing written version denying the material averments of the petition of complaint.

4. Both the parties adduced their evidence in support of their case.

5. After hearing both sides and on perusal of the evidence and materials available on record, the Learned District Forum dismissed the petition of complaint being No. CC/197/2014 and passed the order which is reproduced as under:—

“Hence it is ordered that the complaint case being No. 197 of 2014 be and the same is dismissed on contest.

Let a plain copy of this order be supplied free of cost to the parties/their Ld. Advocates/Agents on record by hand under proper acknowledgement/sent by ordinary post for information and necessary action.”

6. Being aggrieved by and dissatisfied with the said order the appellants have preferred this appeal.

7. Heard the Learned Advocate appearing for the appellants and the respondent No. 1 at length and in full.

8. Learned Advocate appearing for the appellants has urged that the Learned District Forum passed the impugned order dated 30.04.2019 on assumption and presumption basis and completely ignoring the facts and law of this matter which would be evident from the documents filed with record. The document speaks with construction of common area and facilities which was not built as per sanction plan being No. B/496 dated 16.02.2010 and building was deviated.

9. He has f