STATE CONSUMER DISPUTES REDRESSAL COMMISSION WEST BENGAL CONSUMER COMPLAINT NO. SC/19/CC/580/2018 Sri Binod Kr. Jaiswal PRESENT ADDRESS - S/o Lt. Ramlal Jaiswal, 27, Rajendra Deb Road, Kolkata - 700 007.,WEST BENGAL.

.......Complainant(s)

Versus Sri Rajiv Kr. Jain & Anr.

PRESENT ADDRESS - S/o Lt. Kanhaiya Lal Jain, FD-27, Salt Lake City, Sector-III, P.S.- Salt Lake City(N), Kolkata - 700 106.,WEST BENGAL.

Renu Devi Jaiswal PRESENT ADDRESS - W/o Sri Dilip Kumar Jaiswal, 14A, Balai Singhi Lane, P.S. - Amherst Street, Kolkata - 700 009.,WEST BENGAL.

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

BEFORE:

HON'BLE MRS. MRIDULA ROY , PRESIDING MEMBER HON'BLE MRS. SAMIKSHA BHATTACHARYA , MEMBER FOR THE COMPLAINANT:

Mr. Dhananjay Mukherjee (Advocate)

FOR THE OPPOSITE PARTY:

NEMO DATED: 12/12/2025

ORDER

Samiksha Bhattacharya, Member The instant complaint has been filed by the Complainant under Section 17(1)(a)(i) of C.P Act, 1986 [mentioned as deficiency in service under Section 2(1)(g) of C.P. Act, 1986] against the OPs on the ground of deficiency in service.

Facts of the case, in brief, are that the Complainant, in search of an accommodation, entered into an agreement for sale on 07.02.2014 with the OPs for purchasing a self-contained flat being no. C on the second floor in the North-West side having 1200 sq.ft. super built up area in the premises No. 41 C, Bechu Chattertjee Street, Kolkata—700009 @ Rs. 5500 per sq.ft. along with open car parking space together with undivided proportionate share of land thereto and with common passage and common amenities and facilities in the building thereon. OP No.2 is the owner/Land Owner of the said premises who appointed and/or entrusted the OP No. 1 to develop the said property by executing a registered general power of attorney. The Complainant paid Rs. 32,50,000/- to the OP No.1 on different dates towards purchasing the said flat. During the course of making payment the Complainant several times requested the OP No. 1 to satisfy him regarding the measurement of the flat but the OP No. 1 deferred the matter on various pretext. Lastly, OP No. 1 proposed the Complainant to pay further amount of Rs. 15,00,000/- to him and thereafter he would arrange for measurement of the flat. Therefore, it was mutually settled among the Complainant and OP No. 1 that the Complainant would pay Rs. 15,00,000/- subject to his satisfaction that the measurement of the flat is actually 1200 sq.ft. Accordingly, Complainant paid Rs. 12,00,000/- on three dates in the month of January, 2015 but the OP No. 1 deliberately and willfully neglected to carry out the measurement of the aforesaid flat though the Complainant has paid Rs. 32,50,000/- as part consideration towards the cost of the flat.

The Complainant has alleged that in terms of Clause Nos. 3 and 14 of the Agreement for Sale dated 07.02.2014, the said Agreement was to be in effect for a period of 18 months from the date of sanctioning of building plan but the date has lapsed long ago. The OP No. 1 did not supply the title deeds of property and other relevant documents. Therefore, the Complainant was unable to get any Bank loan despite applying for the same before the Allahabad Bank, College Street Branch, Kolkata. This fact is within the knowledge of OP No. 1. Moreover, the OP No. 1 did not fill up the blank portions at Page No. 6 para 2 of the Agreement for Sale and thereby the Complainant could not actually ascertained the actual payment schedule. Thereafter, the OP No. 1 demanded for cancellation of the said agreement and sent a letter dated 10.03.2015 levelling various allegations against the Complainant. Ultimately on 05.11.2014 and 08.01.2015 the OP No. 1 allowed the Complainant to engage a Draftsman to measure the aforementioned flat. The OP No. 1 measured the said flat on his own and prepared a sketch map which was handed over to the Complainant. On 12.02.2017 final measurement was done by the Complainant’s Draftsman and it was finally found that the covered area of the said flat was 838.8