Jogamaya alias Jogomaya Basak VS A. R. Construction & Developer

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

MANOJIT MANDAL
Jogamaya alias Jogomaya Basak – Appellant
Versus
A. R. Construction & Developer – Respondent

JUDGMENT

Manojit Mandal, President.—This appeal has been filed under Section 41 of the Consumer Protection Act, 2019 ( in short, ‘the Act’) challenging the order dated 10/02/2023 passed by the Learned District Consumer Disputes Redressal Commission, Kolkata, Unit-III, Dist. 24 Parganas (South) (in short, ‘the District Commission’) in connection with consumer case No.CC/108/2021.

2. The appellant being the complainant filed a complaint case being No.CC/108/2021 praying for the following reliefs:—

“i) To deliver the two flats (2 nos. of BHK flat on the 3rd floor) to the complainant as per the development agreement which was executed by and between the developers and the owner / complainant on 20.07.2017 or if failed to deliver the same then paid the present market value of the two flats of 1BHK measuring about 350 sq.ft. each to the owner and issue the possession letter and also complete the incomplete work on the 2nd floor.

ii) Rs.200/- per day from sending the notice by the Advocate of the complainant dated 08.01.2021 to the date of Payment as compensation for the harassment inconvenience, frustration and mental agony suffered by the complainant.

iii) That the shifting charge

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