Parties must adhere to contractual obligations regarding payment schedules and possession timelines in agreements for sale.

1. Heard Mr. Sameer Shrivastava, Advocate, for the appellants and Mr. Kunal Chatterjee, Advocate, for the respondent.

2. Aforementioned appeal has been filed from the order of State Consumer Disputes Redressal Commission, West Bengal, dated 2.2.2017, passed in Complaint Case No. 199 of 2012, allowing the complaint and directing the appellants, jointly and severally to execute the sale deed in respect of the property mentioned in 5th schedule (Part - I) of the agreement for sale dated 29.3.2010 between the parties, within one month on receipt of balance consideration of Rs.3,25,000 and award of compensation of Rs. one lac and ligation cost of Rs. 10,000.

3. Mrs. Bandana Chatterjee (the respondent) filed Complaint Case No. 199 of 2012, for directing M/s. Shyama Enclave Pvt. Ltd. and another (the appellants) (i) to deliver possession of Flat No. SSHS / 8, on third floor and a car parking space on the western side of the ground floor of “Shyama Shiva Apartment” at 2, K.D. Mukherjee Road, Police Station Parnasree, Kolkata - 700060, (ii) to refund Rs. 5,40,000, illegally extorted from her (iii) to pay Rs. 21,10,000 as the compensation for delay in construction and delivery of possession of the said flat and car parking space,(iv) to pay cost of litigation and (v) any other relief which may be deemed fit and proper, in the facts and circumstances of the case.

4. The complainant stated that opposite party - 1 (for short the builder) was a company engaged in the business of development and construction of residential and commercial building and selling its unit to the prospective buyers and opposite party - 2 was its director. The builder launched a project of group housing in the name of “Shyama Shiva Apartment” at 2, K.D. Mukherjee Road, Police Station Parnasree, Kolkata - 700060. Dr. Jayant Chatterjee (the husband of the complainant) booked a 4BR flat in the name of the complainant on 19.3.2010 in “Shyama Shiva Apartment” and deposited Rs. 50,000 in cash with the builder. The builder issued allotment letter dated 29.3.2010 and executed an agreement for sale dated 29.3.2010 of the Flat No. SSHS / 8 (built up area 1550 sq.ft.), on third floor and a covered car parking space on the western side of the ground floor of “Shyama Shiva Apartment”, for total sale consideration of Rs.18,60,000. Total sale consideration was payable in five instalments, i.e. Rs. 1,00,000 on or before agreement for sale and remaining in four instalments of Rs. 4,40,000, by 30.4.2010, 31.5.2010, 30.6.2010 and by 31.7.2010 or till delivery of possession, which ever was earlier. They promised to give possession of the flat and covered car parking space, complete in all respect within 12 months of the agreement. The husband of the complainant paid Rs. 1,00,000, vide cheque Nos. 888571 and 888572 and Rs. 1,60,000 in cash on 29.3.2010, for which, the builder issued three separate receipts on their printed receipt. The husband of the complainant also paid Rs. 8,50,000 in cash on 29.3.2010, for which, the builder issued an unstamped receipt on plain paper. Thereafter, the husband of the complainant paid Rs. 3,00,000 in cash on 22.4.2010, Rs.1,40,000 in cash on 2.6.2010, Rs. 2,00,000 in cash on 9.7.2010 and Rs. 1,00,000 in cash on 10.7.2010, Rs. 5,00,000 on 14.2.2011 through two cheques. The builder issued printed receipts of all these deposits. Dr. Jayant Chatterjee died on 16.4.2011, leaving behind him, the complainant and one minor daughter. The builder, time to time, gave oral assurance for giving possession over the flat within short period. The complainant wrote a letter on 29.11.2011, through DTDC Courier Service, to the builder, requesting him to deliver possession of the flat. B