STATE CONSUMER DISPUTES REDRESSAL COMMISSION WEST BENGAL FIRST APPEAL NO. SC/19/A/227/2022 M/s. Plan Swift Architecture PRESENT ADDRESS - 14C, Radhanath Choudhury Road, P.S.- Entally, Kolkata- 700 015.,WEST BENGAL.

M/S. Dynasty Engineers Pvt. Ltd.

PRESENT ADDRESS - 14C, Radhanath Choudhury Road, P.S.- Entally, Kolkata- 700 015.,WEST BENGAL.

Kamruzzaman Choudhury PRESENT ADDRESS - 14C, Radhanath Choudhury Road, P.S.- Entally, Kolkata- 700 015.,WEST BENGAL.

.......Appellant(s)

Versus Taljindra Singh PRESENT ADDRESS - BA- 13, Chirantani Park, Profullo Kanan, Kestopur, Kolkata- 700

101.,WEST BENGAL.

Surajit Sikdar PRESENT ADDRESS - S/o, Rabindranath Sikdar. 4, Gouri Shankar Ghosal Lane, P.S.-

Narkeldanga, Kolkata- 700 011.,WEST BENGAL.

Arijit Sikdar PRESENT ADDRESS - S/o, Rabindranath Sikdar. 4, Gouri Shankar Ghosal Lane, P.S.-

Narkeldanga, Kolkata- 700 011.,WEST BENGAL.

Fuli Sikdar PRESENT ADDRESS - S/o, Rabindranath Sikdar. 4, Gouri Shankar Ghosal Lane, P.S.-

Narkeldanga, Kolkata- 700 011.,WEST BENGAL.

Subrata Roy PRESENT ADDRESS - B/8, Pagladanga Road, P.S.- Tangra, Kolkata- 700 015.,WEST BENGAL.

.......Respondent(s)

BEFORE:

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

Mr. Ghulam Muztaba, Md. Amin (Advocate)

FOR THE RESPONDENT:

Suraj Roy,Sibaji Sankar Dhar,Sudeshna Ghosh (Advocate)

DATED: 17/02/2026

ORDER

HON'BLE MR. JUSTICE BIBHAS RANJAN DE, PRESIDENT th

1. This Appeal is directed against the judgement and order dated 17 May, 2022 passed by the Ld. District Consumer Disputes Redressal Commission, Unit – II Central (hereinafter referred to as Ld.DCDRC) in connection with Consumer Case No.305/2019 wherein Ld. DCDRC allowed the Consumer Application with a direction upon the Opposite Party No.4 in particular for handing over possession and registration of the flat and Opposite Party Nos.1 – 4 were directed to pay jointly and severally a sum of Rs.30,000/- to the complainant as compensation along with litigation cost to the tune of Rs.20,000/-.

2. Being aggrieved by and dissatisfied with the said Order, the instant appeal has been filed on the ground that Ld. DCDRC could not appreciate the facts and circumstances of the case advanced on behalf of the Complainant/Respondent No.1 and came to an erroneous finding. Opposite Party No.4,5 & 6/Appellants herein have particularly taken following grounds :-

i) Respondent No.1/Complainant illegally occupied a bigger flat in violation of the agreement for sale dated 21.09.2015.

ii) According to Memorandum of Understanding, Appellants were ready to discharge their liability but the owners (Respondent No.2,3 & 4 herein) did not allow the Appellants to carry out work.

iii) Power of Attorney executed by the land owner/predecessor of Respondent No.2,3 & 4 was cancelled arbitrarily and thereby resisted appellants to perform their construction work.

iv) Predecessor in interest of the Respondent No.2, 3, 4 captured the developers’ share and delivered to his legal heirs by deed of gift in violation of Injunction Order passed by jurisdictional Civil Court in a suit filed on behalf of the appellants against the owner. Accordingly, there is no deficiency in service or unfair trade practice on the part of the Appellants.

BACKGROUND FACTS

3. According to Complainant/Respondent No.1 herein, there was one development agreement executed between the owner and developers on 24.06.2011. Subsequently one Memorandum of Understanding was executed on 05.02.2019.

4. All the tenants including Complainant entered into an agreement between the land owner and developers by executing one registered declaration for non eviction of tenants. Complainant being tenant approached the developer to purchase one small flat from the developers’ allocation and one agreement for sale was executed on 22.09.2015 and the complainant paid Rs.3,50,000/-. In terms of agreement, developer was to transfer the subject flat to the complainant along with undivided proportionate share in the land together with common a