STATE CONSUMER DISPUTES REDRESSAL COMMISSION WEST BENGAL FIRST APPEAL NO. SC/19/A/73/2023 Mr. Deepak Banik PRESENT ADDRESS - 4/1 & 4/2, Hari Mohan Dutta Road, P.S.- Dum Dum, Kolkata- 700 028.

The Developer of Green Park Project. ,WEST BENGAL.

Smt. Sampa Banik PRESENT ADDRESS - 4/1 & 4/2, Hari Mohan Dutta Road, P.S.- Dum Dum, Kolkata- 700 028.

The Developer of Green Park Project. ,WEST BENGAL.

.......Appellant(s)

Versus Rintu Biswas PRESENT ADDRESS - S/o, Sri Sudhir Biswas. Vill- Nadhan Ghat More, P.O.- Samudragarh, Dist-

Burdwan, Pin- 713 519. ,WEST BENGAL.

.......Respondent(s)

BEFORE:

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

Mr. Prasanta Banerjee (Advocate)

FOR THE RESPONDENT:

Sandipan Dey,Dipankar Banerjee (Advocate)

DATED: 15/09/2025

ORDER

MRIDULA ROY, MEMBER The instant appeal is arising in connection with the order dated 16.01.2023 passed by Ld. District Consumer Disputes Redressal Commission, North 24 Parganas (referred District Commission hereinafter) in consumer complaint case no. 04 of 2012 which runs as “that the case being no. CC/04/2012 be and the same is allowed ex parte as OPs are not taken any steps on the date of argument and found absent on repeated calls. Complainant cannot be wait indefinite period for possession of unit after payment of full consideration money.

The Complainant (RINTU BISWAS) do get a decree in this case and it is directed the Opposite Parties to handover the flat with car parking space (1200 sft. Super built up area and 105 s.ft. Car parking space) in habitable condition as Agreement for Sale Deed and/or registered Deed of Conveyance as per sanctioned plan supplied by the Opposite Parties at the time of Agreement made between the parties and to issue possession and handed over the keys of the flat and car parking space with habitat and usable condition as with all civic amenities per Deed of Conveyance and Agreement for Sale and provide completion certificate with compensation of Rs.30,000/- for damage and with rent incurred towards rent paid by the Complainant for not delivering possession of the flat and with Rs.20,000/- for litigation cost and for mental agony.

ALTERNATIVELY, the OPs are directed to refund Rs.20,56,933/- (consideration money of Rs.19,00,000/- + cost of registration of stamp duties of Rs.1,56,933/-) along with interest amount paid by the Complainant to the bank for clearing the loan amount along with interest @6% per annum to be accrued on Rs.20,56,933/- from the date of payment till realization thereof and to pay Rs.30,000/- towards damage and the amount of rent of accommodation incurred by the Complainant for non- delivery of possession of flat and car parking space and Rs.20,000/- towards litigation cost and for mental agony within two months from the date of delivery of the judgment, at the same time directing the Complainant to pay Rs.25,000/- against proper receipt for the purpose of installation of electrical fittings and meter charges on condition if the OPs hand over the keys along with delivery of possession of the flat and car parking space in habitable condition since the OP shall arrange electrical facilities and installation of meter, further directing the OPs to pay compensation of Rs.20,000/- to the Complainant for unconsented shifting of the car parking space of the Complainant, furthermore directing the OPs to prepare and provide a legal documents of car parking space containing the name of the joint owner of the said space and a pictorial representation thereof at the cost of the OPs within two months from the date of the order mentioning that failing which the Complainant is at liberty to execute the decree according to law.”

Being aggrieved by and dissatisfied with the said order the OPs have preferred the instant appeal stating the grounds inter alia that the Ld. District Forum erred in passing the impugned order ex parte whereas the OPs appeared and filed W/V and evidence. The Ld. District Forum also erred