STATE CONSUMER DISPUTES REDRESSAL COMMISSION WEST BENGAL FIRST APPEAL NO. SC/19/A/234/2016 Smt. Durga Mondal PRESENT ADDRESS - W/o Sri Pratap Mondal, Vill. - Podra, P.S. - Sankrail, Dist. Howrah. ,WEST BENGAL.

.......Appellant(s)

Versus Smt. Pritikana Saha Roy PRESENT ADDRESS - W/o Dr. Bikash Saha Roy, S/o Lt. Birendra Chandra Saharoy, Jyoti Bhavan, Kalitala Lane, P.O. Podra, P.S. Sankrail, Dist. Howrah. ,WEST BENGAL.

.......Respondent(s)

BEFORE:

HON'BLE MR. AJEYA MATILAL , JUDICIAL MEMBER HON'BLE MR. NITYASUNDAR TRIVEDI , MEMBER FOR THE APPELLANT:

Smt. Durga Mondal, Mr. Souvik Chatterjee, Ms. Chitralekha Chatterjee, Ms. Paramita Lahiri (Advocate)

FOR THE RESPONDENT:

SUBRATA KOLEY DATED: 02/09/2025

ORDER

HON’BLE MR. NITYASUNDER TRIVEDI, MEMBER This Appeal case arises out of dissatisfaction and grievance of the OP for the Judgment dated 11.06.2016 relating to complaint case No. Howrah District Forum/85/2010 under section 12 of C.P Act, 1986 filed on 02.11.2010 in which the final Order of the Ld. DCDRF dated 25.03.2011 was its dismissal on contest comprising of the following:

i) Cost of Rs. 10,000/- to be paid by the OP to the Petitioner.

ii) Handing over of possession of the ‘B’ scheduled mentioned flat (detailed in the complaint petition number stated above) to the Petitioner within 60 days from the date of that Order dated 11.02.2016, after executing and registering the deed of conveyance in favour of the Complainant (Smt. Pritikana Saharoy) on payment of residual amount of Rs. 7,20,000/- to the OP by the Complainant.

iii) Payment of a compensation for a sum of Rs. 50,000/- for her long suffering in the hand of sole OP.

2. The above three directions of the Ld. DCDRF, Howrah were to be complied within the stipulated period of 60 days from the date of passing of that Order (dated 11.02.2016).

When this Complaint Case came as an Appeal in this State Commission the State Commission upheld the decision of the District Commission.

3. Being aggrieved again the Respondent/Complainant of this Appeal Case moved a Revision Petition at the Hon’ble NCDRC.

4. That Revision Petition ended with Order the Hon’ble NCDRC, operative portion of which is as follows:

“…………The order passed by the Civil Court has to be given due respect. Consumer Protection Act was framed to expedite the cases pending between the parties for years together. It envisages summary proceedings and District Court is to decide the case within three or five months as the case may be. Consumer Protection Act contains an additional remedy……..”

5. The subject matter of the dispute in the original complaint case as also in the remanded complaint case (remand Order being passed by the Hon’ble NCDRC) is like that the Petitioner, Smt. Pritikana Saharoy filed an application before the Ld. DCDRF, Howrah on 02.11.2010 under Section 12 of the C.P. Act, 1986.

6. In the complaint prayer the Complainant prayed for direction by the Ld. DCDRC, Howrah upon the sole OP (smt. Durga Mondal) to complete the remaining work of the flat forthwith (which was supposed to be completed by November 30, 2009 pursuant to Agreement dated 09.07.2009 executed between Smt. Durga Mondol, Vendor and Smt. Pritikana Saha Roy, Purchaser). Since that deadline already elapsed, after about 11 months this case was filed in the DCDRF for having an Order of ensuring execution and registration of the deed of conveyance followed by handing over of possession of the same suit flat in consonance with the Agreement executed with the Respondent/Complainant and along with payment of compensation of Rs.1,00,000/-, payment of Rs.50,000/- for harassment and sufferings of the Respondent/Complainant in the hand of Appellant/OP and Rs.15,000/- as litigation cost.

7. Since the Agreement was for purchasing a flat at Mouza Podrah, District-Howrah, measuring 1600 sq.ft. super built area in the second floor at Parichay Apartment with all common facilities, fitting according to modern flat system (page No. 3 of the nd Agreement, running page nos.17 to 28)