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2019 Supreme(Online)(Cal) 43

WEST BENGAL STATE CONSUMER DISPUTES REDRESSAL COMMISSION, KOLKATA
Judge, J
Dhruba Sen v. Tapasi Das


Table of Content
1. complaint under consumer protection from deficiency in service. (Para 1 , 2)
2. defendant's arguments regarding contractual obligations. (Para 3 , 10)
3. court's determination of liability and service deficiency. (Para 9 , 12 , 13)
4. final ruling on refunds and compensation. (Para 14)

1. The instant Complaint under S.17 (inadvertently mentioned under S.12) of the Consumer Protection Act, 1986 (for brevity, the Act) is at the instance of an intending purchaser against the Developer / Builder (Opposite party No. 1) and the land owners (Opposite party Nos. 2 to 8) and the subsequent purchaser (OP No. 9) on the allegation on deficiency in service, primarily on the part of OP No. 1 / developer in a consumer dispute of housing construction.

2. Cut short of details, Complainant's case is that on 24.7.2011 he entered into an agreement with the OP No. 1 to purchase of a self - contained flat measuring about 900 sq. ft. super built up area on the top floor or premises No. 3, Doctor Lane, P.S. - Taltala, Kolkata - 700014 at a total consideration of Rs. 37,80,000. In terms of the said agreement, the complainant has paid a sum of Rs. 10,00,00 to OP No. 1 as part consideration

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