T. C. Enterprise VS Haridas Chakraborty (Sinde Deceased) his Legal Heirs

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

SUDIP AHLUWALIA, ROHIT KUMAR SINGH
T. C. Enterprise – Appellant
Versus
Haridas Chakraborty (Sinde Deceased) his Legal Heirs – Respondent

Advocates:
Counsel for the Parties:
For the Appellants:Mr. Niranjan Lahiri, Advocate with Mr. C.B. Sinha, Advocate
For the Respondent:Ms. Madhumeet Kapoor, Advocate for R-T and 2 Alongwith LRs of Respondent (in Person)
For the Respondent No.3: NEMO

ORDER

Rohit Kumar Singh, Member—The present appeal has been filed under Section 51 of the Consumer Protection Act, 2019, arising out of the final Judgment and Order dated 16.08.2019 passed by the State Consumer Disputes Redressal Commission, West Bengal in Complaint Case No.287 of 2017 wherein the State Commission allowed the Complaint

against Opposite Party No.1 and 2 (Appellants herein).

2. Brief facts of the case are as follows: The Respondents/Original Complainant Nos. 1 and 2 in need of a residential accommodation entered into and executed an “agreement of sale” dated 07.09.2014 for purchase of a flat. The respondents purchased Flat No.A on the 1st floor in a G+3 storied building situated at premises No.44/C, Mahendra Chandra Garden Road, P.S. Dum, Kolkata-700030. The respondents got possession of the flat after the execution of conveyance deed dated 03.02.2017. They asserted that the appellants had received the complete payment of Rs.35 Lakhs at the time of execution of the conveyance deed. The complainants alleged that time and again they had requested the opposite party No.1 & 2 to complete the construction and to handover the flat in question but to no avail. The complaina