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2026 Supreme(Online)(SCDRC) 528

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Amita Dey & Another – Appellant
Versus
Ghosh Construction & Others – Respondent
SC/19/CC/263/2019



Petitioner Advocates:Debesh Halder ,Respondent Advocate: Mr. Biswajit De, Ms. Mousumi Arji,AniruddhaTewari,Mr. Amarnath Sanyal,Aniruddha Tewari

STATE CONSUMER DISPUTES REDRESSAL COMMISSION WEST BENGAL CONSUMER COMPLAINT NO. SC/19/CC/263/2019 Amita Dey & Another PRESENT ADDRESS - W/o Sankar Dey, 41/A, Adarsha Nagar, P.O. & P.S.- Sarsuna, Kolkata -

700 061.,WEST BENGAL.

Sankar Dey PRESENT ADDRESS - S/o Nani Gopal Dey, 41/A, Adarsha Nagar, P.O. & P.S.- Sarsuna, Kolkata - 700 061.,WEST BENGAL.

.......Complainant(s)

Versus Ghosh Construction & Others PRESENT ADDRESS - Regd. office at 31, Tilak Nagar, Ranikuthi, P.O. - Regent Park, Kolkata -

700 040.,WEST BENGAL.

Smt. Manika Ray(nee Ghosh)

PRESENT ADDRESS - W/o Manodipak Ray, 42/2, Hindusthan Park, P.O. & P.S. - Behala, Kolkata - 700 034.,WEST BENGAL.

Sri Subhasis Daw PRESENT ADDRESS - S/o Lt. Shib Prasad Daw, 31, Tilak Nagar, Ranikhuthi, P.O. & P.S. -

Regent Park, Kolkata - 700 040.,WEST BENGAL.

Sri Manodipak Ray PRESENT ADDRESS - S/o Lt. Brojo Gopal Ray, 42/2, Hindusthan Park, P.O. & P.S. - Behala, Kolkata - 700 034.,WEST BENGAL.

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

BEFORE:

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

Debesh Halder (Advocate)

FOR THE OPPOSITE PARTY:

NEMO DATED: 21/01/2026

Order No. 25

Ld. Counsel appearing on behalf of the Complainants is present.

None appears on behalf of the OPs.

The complainant case is taken up for hearing.

It is submitted that the OP nos. 2 & 4 have already submitted their written version and contested the case by filing BNA. Other OP nos. 1 & 3 have not appeared and the case is proceeding ex parte.

From the record, it appears that the matter is pending since long even the case was fixed for final hearing.

This consumer complaint filed under Section 17 of the Consumer Protection Act, 1986 alleging inter alia, that there was a Development Agreement executed between the parties on 01.02.2026 which was registered subsequently.

It is further alleged that the Owners` allocation was agreed to be handed over within 24 months from the date of execution of the Development Agreement along with completion certificate. It was further agreed between the parties, in case of failure to handover Owners` allocation within the statutory period, Developers had to pay compensation. Ultimately, Owners allocation was not handed over and compensation was also not given to the Owners/Complainants. However, the instant consumer complaint case was filed within the statutory period.

At this stage, Ld. Counsel appearing on behalf of the Complainants has submitted that Owners allocation has already been handed over and Complainants pray for handing over the completion certificate, only.

Ld. Counsel appearing on behalf of the Complainants has prayed for issuing necessary direction upon the OPs to handover the completion certificate.

Considering all facts and circumstances, the complaint petition stands disposed of on contest against the OP nos. 2 & 4 and ex parte against OP nos. 1 & 3.

Hence, it is,

All the OPs are directed to handover the completion certificate within 8 weeks from

the date of communication of this order.

In case of failure to comply the order, complainant is at liberty to put the decree in

execution.

Let a copy of this order be supplied to the contesting parties free of cost.

BIBHAS RANJAN DE

PRESIDENT

MRIDULA ROY

MEMBER

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