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MANOJIT MANDAL
Minati Das – Appellant
Versus
Ganapati Construction – Respondent
JUDGMENT
Manojit Mandal, President.—The complaint case under section 17 of the Consumer Protection Act, 1986 (in short, ‘the Act’) has been filed by the Complainant against the opposite parties praying for the following reliefs:-
“a) For direction upon the Opposite Parties to cancel the Agreement for Sale and refund the amount of Rs.10,00,000/- along with interest @18% p.a. from 12.07.2016 till realization which was received by the Opposite Parties from the Complainant;
b) For direction upon the Opposite Parties to pay to the Complainant Rs.5,00,000/- (Rupees Five Lacs) only in the form of harassment and mental pain and agony along with litigation cost of Rs.50,000/- (Rupees Fifty Thousand) only;
c) For direction upon the Opposite Parties to pay Rs.2,00,000/- in the Consumer Welfare Fund as penalty for unfair trade practice;
d) The costs of and incidental to the Complainant;
e) Such further and other directions/
orders as this Hon’ble Commission
may deem fit and proper in order to extend complete justice to the Complainant.”
2. Briefly stated the complaint case, in short, is that the Complainant and the opposite parties entered into an Agreement for Sale dated 01/09/2016 t
False assurance of time delivery of possession – Opposite Parties are deficient in providing its services to the Complainants as the Opposite Parties had given false assurance to the Complainants wit....
Deficiency in services occurs when contractual obligations regarding timely delivery are not met, allowing for consumer redress.
Consumers cannot be denied protections based on unsubstantiated claims of commercial purpose in property transactions.
Compensation - The complainants cannot be compelled to wait any more for the builder to deliver and they are entitled to seek refund of the money paid by them along with appropriate compensation.
Complicated questions – Nothing cogent has been brought on record by the Opposite Parties which would reflect that there are such complicated questions involved which could not be settled on the basi....
Absence of prayer “ Even in absence of specific prayer, this commission can grant a relief which is justified and warranted in the facts and circumstances of the case.
Allotment of plot – If there is no time limit for performance of particular promise given by one party, it is to be performed within reasonable time.
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