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MANOJIT MANDAL
Bakul Banerjee Acharjee – Appellant
Versus
Maa Tara Construction – Respondent
JUDGMENT
Manojit Mandal, President.—The complaint case under section 17 read with section 12 of the Consumer Protection Act, 1986 has been filed against the opposite party praying for the following reliefs :-
“Directing the opposite party to provide an alternative flat which is constructed properly and strictly in accordance with the building sanction plan along with building completion certificate in lieu of the present defective flat in question and alternatively the opposite party be directed to make payment of Rs.66,47,781/- only to the complainant and further order be passed amounting Rs.10,00,000/- for harassment and mental agony and loss suffered by the complainant and further cost of Rs.50,000/- be awarded in favour of the complainant and pass further order or orders as Your Lordship may deem fit and proper.”
2. Briefly stated the complaint case in short is that the complainant with the intention to purchase a flat for residential purpose approached the opposite party and the opposite party is a developer and constructed the building at premises No. A-2/29, Diamond Park, P.S. Haridevpur, P.O. Joka, Kolkata - 700 104.
3. The complainant agreed to purchase a flat at the sec
In the event of failure to give possession of flat as agreed, purchaser is entitled to approach Consumer Commission.
In the event of failure to give possession of flat as agreed, purchaser is entitled to approach Consumer Commission.
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....
Failure to deliver possession – The Commission observed that the Developer’s failure to complete construction and obtain the Occupation Certificate (OC) and Building Completion Certificate (BCC), whi....
Possession - Complainants cannot be made to wait indefinitely for possession of the Flat as a period of more than 12 years has lapsed from the committed date of delivery.
(1) Consumer Protection Act - Complainant has chosen his remedy under the Consumer Protection Act, his complaint before this Commission is perfectly maintainable and there is no embargo in proceeding....
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