STATE CONSUMER DISPUTES REDRESSAL COMMISSION WEST BENGAL CONSUMER COMPLAINT NO. SC/19/CC/655/2018 Sri Kanishka Das & Another PRESENT ADDRESS - S/o Sri Sudhangshu Kr. Das, Flat no. 1C, 1st Floor, G.B. Tower, 74, Dakshin Para Road, P.O. & P.S. - Dum Dum, Kolkata -700 028. ,WEST BENGAL.

Smt. Mitali Das PRESENT ADDRESS - W/o Sri Kanishka Das, Flat no. 1C, 1st Floor, G.B. Tower, 74, Dakshin Para Road, P.O. & P.S. - Dum Dum, Kolkata -700 028. ,WEST BENGAL.

.......Complainant(s)

Versus Infinity Constructions & Others PRESENT ADDRESS - Office at Uma Palace, 115, Tran Nath Banerjee Road, Panihati Municipality, P.S. - Khardah, Kolkata - 700 114. ,WEST BENGAL.

The Prop., Infinity Construction PRESENT ADDRESS - Uma Palace, 115, Tran Nath Banerjee Road, Panihati Municipality, P.S.

Khardah, Kolkata - 700 114. ,WEST BENGAL.

LIC HOUSING FINANCE LIMITED PRESENT ADDRESS - KOYLAVIHAR, MODALGANTHI , NEAR HALDIRAM , VIP ROAD, GANGA BLOCK , KOLKATA,WEST BENGAL.

.......Opposite Party(s)

BEFORE:

HON'BLE MRS. SOMA BHATTACHARJEE , PRESIDING MEMBER HON'BLE MRS. MRIDULA ROY , MEMBER FOR THE COMPLAINANT:

Mr. Heramba Narayan Datta, Mr. Shamik Chatterjee (Advocate)

FOR THE OPPOSITE PARTY:

NEMOLIC HOUSING FINANCE LIMITED, null (Advocate)

DATED: 28/02/2025

ORDER

Hon’ble Mrs. Soma Bhattacharjee, Presiding Member CC/655/2018 is filed by Sri Kanishka Das and another against Infinity Construction u/s 17 of the C.P. Act, 1986 in a dispute of housing construction. They have filed this complaint to get refund of the amount paid by them to the Opposite Parties, as they have been deficient in service.

The gist of the case is that the complainants entered into a registered agreement for sale on 25.01.2014 with the OPs Infinity Construction and others in respect of a residential flat being no. 3C on the 3rd floor block 1 comprising an area of 784 sq. ft. The flat is to comprise two bed rooms, one drawing cum dining room one kitchen and balcony and two toilets along with the proportionate share of land and common areas in the building named as Uma Palace as per schedule, under Panihati Municipality. The total consideration as per agreement was Rs. 18,62,000/- only. The complainant has already paid a part consideration of Rs. 13,62,121/-. An amount of Rs. 4,99,879/- remains due. Money receipts are kept in the record. The complainants have taken a loan of Rs. 6,00,000/- from OP no. 3 LIC Housing Finance Limited. As per the agreement possession of the scheduled flat and parking space was to be delivered by 2 and half years of the date of signing of the agreement.

On failure of handing over the flat and parking space by the OPs after inordinate delay, the complainants were compelled to file CC/655/2018. Notices were duly issued upon the OPs. The OPs appeared but OP no. 1 and 2 failed to file W.V and also evidence on affidavit. They were given opportunity to file questionnaire but they did not do so. OP no. 3 filed W.V. and evidence on affidavit. As per the report of the Surveyor engaged by OP no. 3 the scheduled flat and parking space were still lying incomplete. The complainants have prayed for refund of the consideration amount, interest thereof as compensation and litigation costs. Cause of action had arisen on the date of signing of agreement i.e. 08.02.2014.

The submission of the Ld. Counsel of the complainant was carefully considered. The evidence filed by him and the documents enclosed have been perused. The BNAs filed by OP nos. 1,2 and 3 have also been considered. It is evident that the complainants are consumers in terms of Section 2 (1)(d) of C.P. Act, 1986. The complainants are consumers since they have paid a considerable consideration to the OP / developers. The OPs are negligent and deficient in service in not handing over the scheduled flat and parking space in terms of the agreement between both parties. Accordingly the complainants are entitled to the compensation as prayed for.

In course of argument, the Ld. Counsel for the complainant filed Citation: “Supreme Court of India