STATE CONSUMER DISPUTES REDRESSAL COMMISSION WEST BENGAL FIRST APPEAL NO. SC/19/A/369/2023 PARTHA PRATIM ROY CHOUDHURY PRESENT ADDRESS - 260, N S C BOSE ROAD, P.S.- NETAJI NAGAR, KOLKATA-

700047,WEST BENGAL.

.......Appellant(s)

Versus M/S MILENNIUM INDIA CONSTRUCTION PRESENT ADDRESS - 23/15, NAKTALA ROAD, P.S.-NETAJI NAGAR, KOLKATA-700047, DISTRICT SOUTH 24 PARGANAS,WEST BENGAL.

SRI DEBASISH SARKAR PRESENT ADDRESS - 287, GANGULY BAGAN, P.S.- NETAJI NAGAR, KOLKATA-700047, DISTRICT SOUTH 24 PARGANAS,WEST BENGAL.

SRI SAMIR KUMAR HALDER PRESENT ADDRESS - Son of Late Sudhir Kumar Halder, residing at 4/45 Vidyasagar, P.O.-

Naktala, P.S.- Patuli, Kolkata-700047, District South 24 Parganas.,WEST BENGAL.

SRI ANAMITRA CHAKRABORTY PRESENT ADDRESS - 237, N S C BOSE ROAD, 'C' BLOCK, GROUND FLOOR, P.S.-NETAJI NAGAR, KOLKATA-700047, DISTRICT SOUTH 24 PARGANAS,WEST BENGAL.

SMT. LAKSHMI CHAKRABORTY PRESENT ADDRESS - 237, N S C BOSE ROAD, 'C' BLOCK, GROUND FLOOR, KOLKATA-

700047, DISTRICT SOUTH 24 PARGANAS,WEST BENGAL.

SRI SATYAJIT CHAKRABORTY PRESENT ADDRESS - 237, N S C BOSE ROAD, 'C' BLOCK, GROUND FLOOR, KOLKATA-

700047, DISTRICT SOUTH 24 PARGANAS,WEST BENGAL.

SRI KARMAJIT CHAKRABORTY PRESENT ADDRESS - 237, N S C BOSE ROAD, 'C' BLOCK, GROUND FLOOR, KOLKATA-

700047, DISTRICT SOUTH 24 PARGANAS,WEST BENGAL.

.......Respondent(s)

BEFORE:

HON'BLE MR. JUSTICE BIBHAS RANJAN DE , PRESIDENT HON'BLE MRS. MRIDULA ROY , MEMBER FOR THE APPELLANT:

SMT. MOUSUMI CHAKRABORTY (Advocate)

FOR THE RESPONDENT:

NEMO DATED: 13/01/2026

ORDER

HON'BLE MR. JUSTICE BIBHAS RANJAN DE, PRESIDENT

1. This Appeal formidably assails the final Judgment rendered on 26.11.2023 by the District Consumer Disputes Redressal Commission, (herein after referred to as DCDRC) Kolkata, Unit-III (South), West Bengal. By way of impugned Order, the Opposite Parties were directed to execute and register a formal Deed of Conveyance in favour of the Complainant regarding the subject shop room, alongside a mandate to settle litigation costs of Rs.5000/-, all to be satisfied within the peremptory window of 45 days.

2. The Prologue to the dispute Complainant/Appellant herein being a tenant under the landowners in respect of shop room at premises No.237, N.S.C Bose Road, P.S-Netaji Nagar, Kolkata-700047 entered into an Agreement for Sale with Opposite Parties/Respondents herein on 15.06.2015, in order to buy one shop room measuring about 760 sq. ft. covered area at consideration of Rs.1,00,000/- only, on condition to surrender his tenancy rights for the purpose of construction of new project at the premises mentioned herein above the land owners/O.P Nos.4 to 7 entrusted the property to the O.P No.1 to

3/Developers, to develop the said project.

3. The land owners executed power of attorney in favour of the Developers.

According to the Agreement for Sale physical possession of the shop room was to be delivered within four months from the date of vacating possession of the tenanted shop. Developers agreed to pay compensation for loss of business during the period of shifting at the rate of Rs.35,000/- per month and also liable to pay damages at the rate of Rs.10,000/- per month on account of delay in delivery of possession of the shop room to the Complainant. Entire consideration money was paid by the Complainant to the Developers. But the Deed of Conveyance was not executed in the favour of the Complainant despite repeated request. Complainant also sent notice through Ld. Advocate for settlement but no response was ever received from the end of the Developers/Opposite Parties.

4. In the result, the complaint was filed alleging unfair trade practice, harassment and deficiency in service against O.Ps with the prayer for direction for execution and registration of the Deed of Conveyance, compensation and cost of litigation.

5. O.P Nos. 1 to 3 entered appearance in the case and filed W/V denying all allegations made in the complaint petition contending inter alia, that the Complainant trespasses into the space and created sub-tenan