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STATE CONSUMER DISPUTES REDRESSAL COMMISSION

WEST BENGAL

CONSUMER COMPLAINT NO. SC/19/CC/729/2018

Sri Samir Das

PRESENT ADDRESS - S/o Lt. Arun Kr. Das, 20/A(16V), Kalicharan Dutta Road, P.O. Sarsuna,

P.S. Sarsuna, Kolkata -700 061, Dist. South 24 Pgs.,WEST BENGAL.

.......Complainant(s)

Versus

M/s. Srijita Construction & Others

PRESENT ADDRESS - Regd. office at 135, Brojomoni Debya Road, P.O. Sarsuna, P.S. Sarsuna,

Kolkata -700 061, Dist. South 24 Pgs.,WEST BENGAL.

Sri Surajprakash Baheti

PRESENT ADDRESS - S/o Radha Krishan baheti, constituted attorney, Sri Subhash Ghosh, 184,

Brojomoni Debya Road, P.O. Sarsuna, P.S. Sarsuna, Kolkata -700 061, Dist. South 24

Pgs.,WEST BENGAL.

Sri Subhash Ghosh

PRESENT ADDRESS - S/o Sri Manoranjan Ghosh, 22/5, Brojomoni Debya Road, P.O. Sarsuna,

P.S. Sarsuna, Kolkata -700 061, Dist. South 24 Pgs.,WEST BENGAL.

The Br. Manager, State Bank of India

PRESENT ADDRESS - RACPC Behala, Jeevantara Building, 3rd Floor, 23A/44X, Diamond

Harbour Road, Taratala, Kolkata -700 053, Dist. South 24 Pgs.,WEST BENGAL.

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

BEFORE:

HON'BLE MR. JUSTICE BIBHAS RANJAN DE , PRESIDENT

HON'BLE MRS. MRIDULA ROY , MEMBER

FOR THE COMPLAINANT:

Mr. R.Ganguly, Mr. Krishanu Chakraborty (Advocate)

FOR THE OPPOSITE PARTY:

Mr. Amal Kr. Roy (Advocate)

Mr. Amal Kr. Roy (Advocate)

Mr. Amal Kr. Roy (Advocate)

Mr. Kamal Prasad Shaw (Advocate)

DATED: 23/12/2025

ORDER

MRIDULA ROY, MEMBER

1) This case is filed under Section 17 of the Consumer Protection Act, alleging

deficiency in providing housing construction service on the part of the OP nos. 1 to

3. The fact of the case, in short, is that by virtue of an Indenture of Gift dated

14.08.1987 of the Governor of West Bengal in favour of Mr. Subhash Ghosh (the

OP No. 3 herein) became the Land Owner of the land in question described as “A”

scheduled property in the petition of complaint. The said Subhash Ghosh mutated

his name in Municipal Corporation in respect of premises no. 124, Borjmoni Debya

Road, P.S.-erstwhile Thakurpukur at present Sarsuna, Kolkata 700061.

Subsequently, for better use of the said and the OP no. 3 intended to develop the

said property mentioned in the schedule “A” through Developer (being the OP no. 1

herein). The OP No. 3 entered into a Development Agreement on 29.09.2016 with

the OP no. 1/Developer a proprietorship firm and executed the General Power of

Attorney dated 19.10.2016 in favour of Suraj Prakash Baheti, the proprietor of the

OP no. 1 (OP no. 2 herein) subsequently, the OP no. 1 got one building plan

sanctioned by the concerned authority to construct a G+3 storied building in the said

schedule property.

2) The Complainant has further stated that being intended to have a self contained

residential flat measuring more or less 1047 sq.ft. super built up area in the said

G+3 storied building along with undivided proportionate share of land and an open

car parking space within the said premises the Complainant entered into a tripartite

Agreement for Sale on 15.04.2017 with the Land Owners/Vendor ( the OP no. 3

herein) as 1^st part and the Developers OP nos. 1 & 2 herein as 2^nd part and the

Complainant/Purchasers as the 3^rd part at a consideration of Rs.34,50,000/- on

making down payment of Rs.6,88,200/- only as advance/earnest money. It is further

stated by the Complainant that the Complainant obtained a Home Loan for an

amount of Rs.28,74,000/- only on 30.05.2017 sanctioned and disbursed by the State

Bank of India, RACPC, Behala in favour of him under certain terms and conditions

including to repay the same by EMI @ Rs.34,393/- each. The Complainant has

specifically stated that he had already paid Rs.28,88,000/- to the OP no. 1 along

with a sum of interest for every single month so that the OP no. 1 might be able to

execute and register the Deed of Conveyance in favour of the Complainant after

handing over the possession letter specifying the car parking space, notifying the

actual measurement of the flat and payment for any other damage, if any. The

Complainant also stated th