The court affirmed the validity of executing and registering the sale deed upon payment of the balance consideration while dismissing claims of defects due to lack of prior complaints.

1. The instant complaint has been filed by the complainant under S.17(1)(a)(i) of CP Act, 1986, against the OPs alleging deficiency in service.

2. The facts of the case in brief are that OP No. 1 is the vendor / owner and OP No. 2 is a promoter / developer. The complainant being an intending purchaser has approached the OP No. 2 for purchasing a flat on 4th floor being No. H - 401 measuring about 1106 sq. ft. super built up area with common facility of lift at 9 D, Beliaghata road, Kolkata 700015. The owner, i.e., OP No. 1 through executing a registered power of attorney handed over the construction to OP No. 2 - Sri Amit Kumar Gupta representing M/s. Tanisha Developer. The total consideration of the flat has been fixed at Rs.30,29,000 and the developer collected Rs.93,596 as service charge and Rs.80,000 for installation of transformer and common meter excluding the sale price of the flat. The complainant has paid Rs.10,00,000 on execution of the agreement for sale vide cheque No. 141803 dated 2.5.2013 and cheque No. 141802 dated 5.5.2013 both drawn on SBI, Chinar Park, Rajarhat. The balance amount was to be paid on four instalments as per agreement, the last instalment being Rs.5,29,000.

3. The complainant has paid a total sum of Rs.23,00,000 out of total consideration of Rs.30,29,000 and it was agreed that balance amount would be paid at the time of execution and registration of deed of conveyance. The complainant was handed over the possession of the flat in the month of August 2015. After taking the possession it has been observed that many works of the flat remained incomplete and there are defects in construction by using spurious and substandard material and less area of the flat has been handed over which could not be noticed at the time of taking possession.

4. The complainant paid Rs.10,00,000 on 2.5.2019 and 5.5.2013. Thereafter, complainant paid Rs.5,00,000 on 5.11.2013 Rs.5,00,000 on 5.2.2014 Rs.3,00,000 on 24.5.2014, Rs.93,536 on 20.4.2015 and Rs.80,000 on 20.4.2015. Upon payment of such amount the OPs have handed over the keys of the flat to the complainant. For further payment the complainant applied for bank loan for which certain documents are required by the bank to sanction the loan. The complainant requested the developer to provide documents like agreement with land - owner but the developer was not willing to hand over the related documents for availing loan. In order to settle the matter the complainant sent a letter dated13.7.2015 to the OP No. 2 to provide all related documents so that loan can be disbursed. Then the developer sent letters for payment of balance amount which was agreed to pay at the time of execution and registration of the deed of conveyance. The complainant is ready and willing to pay the balance amount on fulfilment of incomplete job of the flat which are as follows:
(i) Substandard doors have been fixed.
(ii) Plumbing in the flat and surroundings are not fitted properly.
(iii) Water and drainage connection not done in accordance with building rules.
(iv) Previous tax of the premises before occupancy is to be paid the OP No. 2
(v) Less area of 70 sq. ft. Has been provided which amounts to Rs.2,00,000 approx.
(vi) The toilet / bathrooms are not as per agreement.
(vii) No completion certificate has been provided.
Since the acts of the OPs suffers from deficiency in service, hence the application praying for direction upon OPs to complete unfinished and incomplete job of the flat or alternatively to pay Rs.2,00,000 for rectification of the defects and to prov