JUDGMENT

Ajeya Matilal, Presiding Member.—Ld. Counsel for the Complainant is present.

Opposite Parties are found absent on

call.

Today is fixed for final hearing.

2. This is the case U/s.17 of the Consumer Protection Act, 1986 valued at Rs.41,27,900/- (Rupees Forty one Lakh twenty seven thousand & nine hundred) only.

3. The fact of the case is in short like that the Opposite Party No.1 is a Partnership Firm represented by Opposite Party No.2 & 3. This was the instant case of the Complainant. The Opposite Party is carrying on business of construction and development from its office. The Opposite Party Nos.4 to 8 are the land owners who have given consent in favour of the Opposite Party Nos.1 to 3 to erect or construct a multistoried building on the

scheduled flat. The Opposite Party Nos.4 to 8 executed a power of attorney in favour of Opposite Party Nos.2 & 3 for entering into Sale Agreement with prospective purchaser to transfer flat to be constructed on the aforesaid plot of land. It was further agreed therein in the said development Agreement /Joint Venture Agreement dated 04.05.2011 that the Developer may enter into separate Agreement/agreements with the intending Purchaser/purchasers of respective flats/Units on such terms and conditions as may be formulated by the Developer.

4. Complainant was in search of a suitable flat for his residential purpose and came to know from the agent of the Opposite Parties that the Opposite Parties have started a construction and development work at the aforesaid plot of land and they were offering to sell the proposed flats to the intending purchasers furnishing the same with all modern amenities and facilities in the residential building at premises No.2/2, Godabagan Lane, Police Station-Burtolla, Kolkata-700006.

5. Complainant further states that the Opposite Parties promised to handover the possession of the said flat after completion of the building in all respect within 18 months from the date of execution of the agreement and to provide the completion certificate duly obtained from the concerned authority.

6. So, the Complainant agreed to purchase the self-contained flat on the third floor (front portion) measuring about 751 Sq. Ft. super built up area along with undivided proportionate share at the aforesaid premises for consideration of Rs.25,27,900/- (Rupees Twenty five Lakh twenty seven thousand & nine hundred) only. The Agreement for Sale was executed on 12.10.2012 (at page 2 to 4).

7. As per terms and condition of the said agreement the Complainant paid an amount of Rs.11,30,000/- (Rupees Eleven Lakh thirty thousand) only to the Opposite Parties which was duly received and acknowledged by them. But in spite of receipt of the said consideration amount, the Opposite Parties did not take any step to hand over the possession of the subject flat to the Complainant nor registered the Deed of Conveyance.

8. Complainant approached the Opposite Parties several times for paying the balance amount but the Opposite Parties refused to accept the same. Complainant visited the site and found that the entire construction has almost been completed and the possession of flats was being handed over to several purchasers and they started to reside there.

9. Subsequently, Complainant approached the Opposite Parties to hand over the peaceful possession of the said flat but they paid no heed. So, Complainant was constrained to write a letter to the Opposite Party No.2 requesting them to fulfill the terms and conditions of the Agreement. The said letter was returned with postal remark “Intimation Served” to the Complainant.

10. So considering the facts and circumstances referred above we are of the view that the Complainant was a consumer and there is deficiency in service in the part of the Opposite Party for which the Complainant is entitled to relief.

11. We found money receipts wherefrom it appears that total claim of the Complainant of Rs.41,27,900/- (Rupees Forty one Lakh twenty seven thousand &