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 second floor of the said premises in the north-eastern side measuring 1170 sq. ft. more or less at a consideration of Rs.30,00,000/- (Rupees thirty lakh only). the complainant paid the consideration amount to the opposite party and the opposite party on receiving the said amount handed over the possession of the said flat and the possession letter at the time of registration of the said flat. The opposite party also executed and registered the Deed of Conveyance in favour of the complainant in respect of the said flat which is in question.

4. Further case of the complainant is that after receiving the possession of the said flat the complainant found that the opposite party made the construction of the said building illegally using inferior quality of materials. The opposite party was allowed to construct a straight three storied building over the land appertaining to the said premises but the opposite party constructed one floor more / extra illegally and arbitrarily just on the plot of the complainant’s flat.

5. Further case of the complainant is that the opposite party constructed the said flat using very low quality materials for construction for which walls, ceilings, the pillars of the said flat started absorbing water and became damp. The plaster on the walls have swollen, fallen down and patches of the same have started falling off. Portions of the ceiling have been heavily damaged by continuous absorbing of water from the flat just on the top of the complainant’s flat. It is swollen and fallen down and there is every possibility that chunks of concrete from the ceiling might collapse endangering the lives of the complainant and the family members.

6. Further case of the complainant is that the portions of the pillar in many places is not straight and the wall of the said flat was not properly finished. The surface of the wall is uneven and it is made from low quality materials.

7. Further case of the complainant is that the levelling of the floor is highly defective and levelling of the floor of the bathroom is completely defective which causes backflow of water on the floor of the bathroom and the accumulated water have been cleared every day by pushing it with the legs. The sliding windows are not properly working in some cases and the glasses of the windows are of very low quality.

8. Further case of the complainant is that the marbles which have been used are of very low quality and many slabs are cracked and broken.

9. Further case of the complainant is that common facility as mentioned in the Deed of Conveyance have not been constructed as yet. The submersible pump which is the only source of water for the said building has been installed for drawing water in such a manner in front of the said building that it cannot be repaired due to th