STATE CONSUMER DISPUTES REDRESSAL COMMISSION WEST BENGAL FIRST APPEAL NO. SC/19/A/276/2022 WITH SC/19/IA/100/2025 (ADDITIONAL GROUND)

GHANASHYAM AGARWALA PRESENT ADDRESS - 5/1, SITAL SARKAR LANE, MAHESH, P.S.- SERAMPORE, DIST-

HOOGLY, PIN- 712 202. HOOGHLY,WEST BENGAL.

.......Appellant(s)

Versus SRI BRINDABAN ROYCHOWDHURY PRESENT ADDRESS - S/O, LT KSHETRAMOHAN ROYCHOWDHURY. FLAT NO.- 1/2, FIRST FLOOR, RATHBARI, 420, G.T.ROAD, P.O.- MAHESH, P.S.- SERAMPORE, DIST- HOOGLY, PIN- 712 202.HOOGHLY,WEST BENGAL.

Rita Roychowdhury PRESENT ADDRESS - W/o, Sri Brindaban Roychowdhury. Flat No.- 1/2, First Floor, Rathbari, 420, G.T.Road, P.O.- Mahesh, P.S.- Serampore, Dist- Hoogly, Pin- 712 202. ,WEST BENGAL.

Sri Amit Kumar Upadhyay PRESENT ADDRESS - S/o, Sri Jagannath Upadhyay. Flat No.- 4/2, 4th Floor, Rathbari, 420, G.T.Road, P.O.- Mahesh, P.S.- Serampore, Dist- Hoogly, Pin- 712 202. ,WEST BENGAL.

Sri Arijit Bose PRESENT ADDRESS - S/o, Lt Basudev Bose. 10, Bhupen Bose Avenue, Damodar Kunj, 4th Floor, P.O.- Shyam Bazar, P.S.- Shyampukur, Kolkata- 700 004.,WEST BENGAL.

Sri Biswajit Bose PRESENT ADDRESS - S/o, Lt Basudev Bose. 10, Bhupen Bose Avenue, Damodar Kunj, 4th Floor, P.O.- Shyam Bazar, P.S.- Shyampukur, Kolkata- 700 004.,WEST BENGAL.

Sri Falguni Sakha Bose PRESENT ADDRESS - S/o, Bistu Bose. 10, Bhupen Bose Avenue, Damodar Kunj, 4th Floor, P.O.- Shyam Bazar, P.S.- Shyampukur, Kolkata- 700 004.,WEST BENGAL.

Smt. Sudebi Mitra PRESENT ADDRESS - W/o, Subodh Mitra. 10, Bhupen Bose Avenue, Damodar Kunj, 4th Floor, P.O.- Shyam Bazar, P.S.- Shyampukur, Kolkata- 700 004.,WEST BENGAL.

Aniruddha Bose PRESENT ADDRESS - S/o, Radhamadhab Bose. 10, Bhupen Bose Avenue, Damodar Kunj, 4th Floor, P.O.- Shyam Bazar, P.S.- Shyampukur, Kolkata- 700 004.,WEST BENGAL.

Smt. Sukla Bose PRESENT ADDRESS - T-66, Shyambazar Street, P.O.- Shyambazar, P.S.- Shyampukur, Kolkata-

700 004.,WEST BENGAL.

.......Respondent(s)

BEFORE:

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

FOR THE RESPONDENT:

SAIKAT MALI (Advocate)

Saikat Mali (Advocate) Saikat Mali (Advocate)

DATED: 23/02/2026

ORDER

HON'BLE MR. JUSTICE BIBHAS RANJAN DE, PRESIDENT

1. This is an Appeal directed against the Order dated 14.10.2022 passed by the Ld. District Consumer Disputes Redressal Commission, Hooghly at Chinsurah (hereinafter referred to as Ld. DCDRC), whereby Ld. DCDRC directed Opposite Parties to pay a sum of Rs.2 lacs to the Complainants for repairing for the damaged portion of the walls and also directed either to complete the unfinished work in respect of the building in question or to pay Rs.5 lacs to the Opposite parties along with the direction to pay compensation to the tune of Rs.30,000/- and litigation cost of Rs.6000/- to the Complainants. Ld. DCDRC directed to comply the Order within 60 days from the date of the Order and in the event of non-compliance, Rs.10,000/-

to be paid to the account of Consumer Legal Aid of Ld. DCDRC, Hooghly.

BACKGROUND FACTS

2. In a firm accord between the Appellant and Respondents No.1 & 2, Agreement for sale was struck regarding Flat No.1/2 of the Premises No.420, G.T.Road, Mahesh within the ambit of Serampore Municipality under P.S. Serampore, District Hooghly, while a concurrent fact was forged with Respondent No.3 for Flat No.4/2 of the same premises. This legal union th culminated on the 19 August, 2013, as the respective deed of conveyance was solemnly executed, followed swiftly by auspicious delivery of possession into the hands of rightful parties.

3. Subsequently, in the vintage of 2015, a formal grievance was orchestrated, casting a shadow of litigation over the structure’s integrity and lamenting a tapestry of architectural frailties that plagued even its shared sanctuaries.

4. Both parties presented their evidences through solemn affidavits even as the Engineer Commissioner, designated by the Ld. DCDRC, brought forth a meticulous report, illuminating the structural gaps and lingering vestiges of the building’s incomp