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MANOJIT MANDAL
Raja Sarkar – Appellant
Versus
Venus Construction – Respondent
JUDGMENT
The instant complaint under Section 35 of the Consumer Protection Act, 2019 is at the instance of the complainants, namely, Sri Raja Sarkar and Smt. Anindita Sarkar against the opposite party Nos. 1 & 2 on the allegation of deficiency in services on the part of the opposite parties in a consumer dispute of housing construction.
2. The complainants filed the instant petition of complaint against the opposite parties praying for the following reliefs:-
“a) a direction thereby directing the opposite party Nos. 1 and 2 to return the earnest/advance amount of Rs.14,20,000/- to the complainant which was received by the opposite party Nos. 1 and 2 with 12% interest per annum from the date of payment till realization;
b) a direction thereby directing the opposite party Nos. 1 and 2 to return the amount of Rs.51,12,000/- to the complainant which was received by the opposite party Nos. 1 and 2 from the opposite party No. 3 with 12% interest per annum from the date of disbursement till realization and also pay an amount of Rs.1,06,748/- a cost for carrying out renovation and interior works on the said flat along with interest @ 12% per annum from the date of claim till the date o
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....
Possession of flat – Sale agreement executed – Non-payment of part of sale price would not affect validity of sale.
(1) 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.(2) Housing Construction - The ex....
(1) Privity of Contract – absence of privity of contract is not a bar for maintaining a Complaint against a service provider
LAW POINTPocket Witness –Commission cannot take a decision upon the pocket witness submitted by the Complainant himself.
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