STATE CONSUMER DISPUTES REDRESSAL COMMISSION WEST BENGAL CONSUMER COMPLAINT NO. SC/19/CC/151/2019 Sri Sekhar Roy PRESENT ADDRESS - S/o Sri Kumud Behari Roy, 217-D, Bidhan Pally, P.O. - Garia, Kolkata-

700 084, rep. by his attorney Sri Prasun Kr. Chakraborty. ,WEST BENGAL.

.......Complainant(s)

Versus Emerald Realty LLP & Others PRESENT ADDRESS - Regd. office at Shubham, 1, Sarojini Naidu Sarani, Suite no. 1004, 10th Floor, Kolkata - 700 017. ,WEST BENGAL.

Sri Pawan Agarwal, partner, M/s. Emerald Realty LLP, earlier Director, Emerald Realty Pvt. Ltd. PRESENT ADDRESS - Shubham, 1, Sarojini Naidu Sarani, Suite no. 1004, 10th Floor, Kolkata -

700 017. ,WEST BENGAL.

Sri Manish Todi, partner, M/s. Emerald Realty LLP, earlier Director, Emerald Realty Pvt. Ltd.

PRESENT ADDRESS - South City, 375, Prince Anwar Shah Road, T-1, Flat no. 15-J, Kolkata -

700 068. ,WEST BENGAL.

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

BEFORE:

HON'BLE MR. JUSTICE MANOJIT MANDAL , PRESIDENT HON'BLE MRS. MRIDULA ROY , MEMBER FOR THE COMPLAINANT:

Mr. Dibakar Bhattacharjee (Advocate)

FOR THE OPPOSITE PARTY:

NEMO DATED: 08/05/2025

ORDER

HON'BLE MRS. MRIDULA ROY, MEMBER The instant case is filed by the Complainant alleging deficiency in providing housing construction service by the Opposite Parties(referred as OPs hereinafter).

Case of the Complainant in brief is that the Complainant entered into an Agreement for Sale on 22.08.2008 with the OPs to purchase a flat being no. 4H on the 4^th floor of “C” ( Marigold ) Block , measuring about 970 sq.ft. super built up area in a multistoried building complex named and styled as “Mainak Garden” to be constructed in the premises no. 53 Laskarpur Road, Garia, P.S.-Bansdroni (

Previously Regent Park) Kolkata 7000084 together with undivided proportionate share of land at a consideration of Rs.16,49,000/-. Subsequently, receiving the entire amount of consideration, the OPs issued possession letter and delivered vacant and peaceful possession to the Complainant. The Complainant receiving possession of the said flat requested the OPs on several occasions to register the Deed of Conveyance in respect of the said flat in favour of him but on each and every occasion the OPs evaded their responsibility to execute and register the Deed of Conveyance which made the Complainant suffering from mental agony and pain since 2011 till date. Accordingly, the Complainant has prayed for direction upon the OPs to execute and register the Deed of Conveyance in respect of the said flat in favour of him and to pay a sum of Rs.5,00,000/- as to compensation for suffering from mental agony and Rs.30,000/- for cost of litigation.

The OP nos. 1 & 2 have been served with the notice but failed to appear before this Commission and therefore, the instant case has been proceeded ex parte against them.

The OP no. 3 contested the case by filing written version denying and disputing all material allegations stating interalia, that on 22.08.2008 the Complainant entered into an Agreement for Sale with the OP no. 1 in respect of the flat in question at a consideration of Rs.16,49,000/-. Subsequently, the OP no. 1 had completed the construction of the building and delivered possession by a possession letter dated 23.08.2011. In course of delivery of possession of the flat in question the OP no. 3 verbally requested the Complainant to take necessary steps for execution and registration of deed of conveyance. But he did not do so. The OP no. 3 specifically mentioned that in spite of sincere willingness of the OP no. 1 the documentation relating the said flat could not be completed and, therefore, there is no negligence on the part of the OPs. The OP no. 3, however, mentioned that they have inter se dispute between the partners of the OP no. 1 and hence, several suits/proceedings has been initiated by them. Accordingly, the OP no. 3 has prayed for dismissal of the instant consumer complaint with cost.

The Complainant adduced evidence on affidavit but the same remained unrebutted.

In course of hearing, the