STATE CONSUMER DISPUTES REDRESSAL COMMISSION WEST BENGAL CONSUMER COMPLAINT NO. SC/19/CC/169/2016 Mr. Ashim Kumar Roy PRESENT ADDRESS - S/o Lt. Amarendra Nath Roy, Gitanjali Apartment, Flat no.1A, Gr. Floor, 151, Kalibari Road, Nalta, P.O. & P.S. Dum Dum, Kolkata- 700 028, Dist. North 24 Pgs. ,WEST BENGAL.

.......Complainant(s)

Versus Sri Kamal Krishna Das PRESENT ADDRESS - S/o Lt. Jadunath Dasa, 40, Nalta Kalibari Road, Nalta, P.O. & P.S. Dum Dum, Kolkata- 700 028, Dist. North 24 Pgs. ,WEST BENGAL.

Sri Subhasis Das PRESENT ADDRESS - S/o Shyamal Das, 40, Nalta Kalibari Road, Nalta, P.O. & P.S. Dum Dum, Kolkata- 700 028, Dist. North 24 Pgs. ,WEST BENGAL.

M/s. Kundu Enterprise PRESENT ADDRESS - Rep. by its prop., Sri Krishna Kundu, Nalta Mahajati Road, near Pathak Para, P.O. & P.S. Dum Dum, Kolkata- 700 028. ,WEST BENGAL.

Sri Krishna Kundu PRESENT ADDRESS - S/o Sri Netai Kundu, Nalta Mahajati Road, near Pathak Para, P.O. & P.S.

Dum Dum, Kolkata- 700 028. ,WEST BENGAL.

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

BEFORE:

HON'BLE MRS. SOMA BHATTACHARJEE , PRESIDING MEMBER HON'BLE MRS. SAMIKSHA BHATTACHARYA , MEMBER FOR THE COMPLAINANT:

Mrs Soumanti Mitra (Advocate) FOR THE OPPOSITE PARTY:

Mr. Barun Prasad, Mr. Subrata Mondal (Advocate) Mr. Barun Prasad, Mr. Subrata Mondal (Advocate)

DATED: 15/09/2025

ORDER

Samiksha Bhattacharya, Member The instant complaint has been filed by the complainant u/s 17 (wrongly written as Section 12,and13) of C.P. Act, 1986 against the OPs alleging deficiency in service.

The facts of the case, in brief, are that the complainant entered into an Agreement for Sale with the OPs on 18.05.2014 to purchase a flat on the ground floor, South West North side measuring more or less 925 sq. ft. super built up area which has been erected in a piece and parcel of amalgamated land measuring 3 cottah 12 chittaks and 04 sq. ft. more or less lying and situated at 151,Kalibari Road,Nalta P.O and P.S. Dum Dum, Kolkata - 700028 for a total consideration of Rs. 20,58,125/-. On the date of execution of agreement for sale the complainant paid a sum of Rs. 5,00,000/- as advance amount to OP no.1. It was agreed by and between the parties that complainants have to pay Rs.2,225/- per sq. ft. and after completion of the construction and final measurement, the complainant would have to pay the balance amount of Rs. 15,58,125/- to the OP Nos.3 & 4/Developers at the time of handing over possession of the flat and / or at the time of registration possibly within 2 months from the date of Agreement. In the meantime the complainant paid further sum of Rs. 15,58,125/- excluding the advance amount on several dates as per requirement of the OPs. After completion of the ground floor in all respects the complainant requested the OPs to handover the scheduled property and the possession of the flat was handed over to the complainant in the month of July, 2014 on receipt of entire consideration as well as completion of the flat in habitable condition. Thereafter the complainant requested the OPs for registration of deed of conveyance, but unfortunately the OPs showed indifferent and indolent attitude by taking false pretext for which the complainant was compelled to issue letter dated02.03.2016 to the OPs asking them for execution and registration of Deed of Conveyance by receiving the due amount, if any. But the OPs did not pay any heed. The complainant came to know that the OPs were trying to evict the complainant from the scheduled ground floor on the pretext of not issuing the letter of possession defying the agreement. The complainant has further alleged that the OPs have made four small chambers by the side of his windows of the flat in the side space of the building where the waste from the toilet are deposited which give out bad smell throughout the day causing health hazard and there was no provision to make such small chambers which the OPs have made violating the sanctioned plan.

Further the complainant has alleged that the OPs have made two Western type commodes in