NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI FIRST APPEAL NO. NC/FA/556/2019 (Against the Order dated 27th September 2018 in Complaint 858/2017 of the State Consumer Disputes Redressal Commission West bengal)

WITH NC/IA/5069/2019 (PRODUCTION OF ADDL. DOCUMENTS)

SHYAMALI PAUL.

PRESENT ADDRESS - W/O. SRI KHAGEN PAUL 13U, ARIFF ROAD , PO ULTADANGA MAIN ROAD , PS ULTADANGA 24 PARGANAS (NORTH) , KOLKATA 700 067 .......Appellant(s)

Versus SOMNATH SAHA & 3 ORS.

PRESENT ADDRESS - S/O. LATE SUBODH KUMAR SAHA, JEEVAN UDYOG HOUSING CO-

OPERATIVE SOCITY, DC--210, FLAT NO. 4-A, NEWTOWN STREET NO. 2/348, 24 PARAGANAS (NORTH), KOLKATA, WEST BENGAL-700156 MINA SAHA PRESENT ADDRESS - W/O. SOMNATH SAHA, JEEVAN UDYOG HOUSING CO-OPERATIVE SOCITY, DC-210, FLAT NO. 4-A, NEWTOWN STREET NO. 2/348, 24 PARAGANAS (NORTH), KOLKATA, WEST BENGAL-700156 SUSHIL PODDAR PRESENT ADDRESS - S/O. LATE BHASARAM PODDAR, 30, APC AVENUE , KOLKATA 700

030 SUSHAMA PODDAR PRESENT ADDRESS - W/O. SUSHIL PODDAR, 30 APC AVENUE , KOLKATA 700 030 .......Respondent(s)

BEFORE:

HON'BLE MR. JUSTICE SUDIP AHLUWALIA , PRESIDING MEMBER HON'BLE DR. SADHNA SHANKER , MEMBER FOR THE APPELLANT:

MR. ARANYA MOUYLICK, ADVOCATE (THROUGH VC) WITH MS. SAIBA AGGARWAL, ADVOCATE (VC)

FOR THE RESPONDENT:

MS. SUMITA R. CHOUDHARY, ADVOCATE FOR R-3 & 4 MR. SOMNATH SAHA, IN PERSON (R-1 & R-2)

DATED: 07/01/2026

ORDER

JUSTICE SUDIP AHLUWALIA, MEMBER The instant Appeal has been filed under Section 19 of the Consumer Protection Act, 1986 (for short “the Act”) in challenge to the Order dated 27.09.2018 of the State Consumer Disputes Redressal Commission, Kolkata (hereinafter referred to as the “State Commission”) in Complaint No. 858 of 2017 whereby the Complaint was allowed ex-parte.

2. Brief facts of the case are that on 28.05.2011, the Complainant(s) entered into an Agreement for Sale with the O.Ps to purchase of a self-contained residential Flat measuring about 1427 sq. ft.

on the 3rd floor at Premises No. 66B, Sisir Bhaduri Sarani (erstwhile Manicktala Street), P.S -

Amherst Street, Kolkata - 700006 within the local limits of Ward No. 27 of Kolkata Municipal Corporation at a total consideration of Rs.55,51,650/- only @ Rs.3650/-per sq. ft. The Complainants claimed that they had already paid Rs.62,70,000/-, an excess amount as the O.Ps promised to deliver the remaining portion of 3rd Floor measuring about 512 sq. ft. at Rs.18,68,800/- @ Rs.1521/- per sq. ft. As per Agreement, the O.Ps were under obligation to complete the construction within 18 months from the date of execution of Agreement. However, the O.Ps failed to keep their promise and in this regard, all persuasions of the Complainant(s), including payment of additional amount, and correspondences went in vain. Hence, the Complainants lodged the Complaint for deficiency in service. Despite service of notice upon O.P.

Nos. 2 & 3 on 28.12.2017, they did not appear. The Notice upon O.P. No. 3 was served in a substituted manner through the publication in a leading Bengali Newspaper dated 03.05.2018 published from Kolkata. Since the (O.Ps) neither appeared nor filed any Written Versions, the Complaint was heard ex parte.

3. The Complaint had been filed before the State Commission, Kolkata with the following prayers:-

A. An order issuing notice upon the opposite parties;

B. An order directing the opposite parties to forthwith complete all construction of the flats allotted to the complainants and located at the third floor of the building at 66B, Sisir Bhaduri Sarani, Kolkata- 700 006 more specifically described in the schedule below;

C. An order directing the opposite parties to forth with convey the title of the flats allotted to the complainants and located at the third floor of the building at 66B, Sisir Bhaduri Sarani, Kolkata-

700006 after making the flats habitable and getting necessary completion certificate from the Municipal Authorities more specifically described in the schedule below. In alternative pass an order directing the opposite parties to ret