MANOJIT MANDAL
Biswajit Podder – Appellant
Versus
Sanju Saha – Respondent
JUDGMENT
Manojit Mandal, President.—Challenge is to the order No.20 dated 05/08/2024 passed by the Learned District Consumer Disputes Redressal Commission, Howrah ( in short, ‘the District Commission’) in connection with consumer case No.CC/240/2020 thereby allowing the application filed by the complainant for expert examination of the building by a competent civil engineer. The respondent Nos. 1 & 2 being the complainants filed a consumer case being No.CC/240/2020 against the revisionist praying for the following reliefs :-
“a) an order directing the Opposite Party to refund the entire price of the flat being Rs.20,30,000/- (Rupees twenty lakh thirty thousand) only alongwith an interest @10% per annum on the same amount to the Complainants from the date of payments made by or on behalf of the Complainants.
b) an order directing Opposite Party to pay the Complainant a sum of Rs.1,61,666/- (Rupees one lakh sixty one thousand six hundred and sixty six) only which the Complainants have incurred on account of Registration Fee & Stamp Duty and lawyer’s fees alongwith interest @10% per annum.
c) an order directing Opposite Party to pay the Complainants an order directing Opposite P
The National Commission emphasized its limited revisional jurisdiction, requiring clear jurisdictional errors for interfering with concurrent findings of fact from lower forums.
Commercial Purpose — All shop rooms are commercial buildings, at the time of issuing building permits. This is not the deciding factor that the complainant was planning to use the shop for commercial....
Allotment of flat – Deficiency in service – Multiple compensation for singular deficiency is not justifiable.
Separate Agreement – Complainant would submit that no separate agreement was executed, since the opposite parties had agreed to carry out the construction as per the rate agreed in Exhibit A1 with re....
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