STATE CONSUMER DISPUTES REDRESSAL COMMISSION WEST BENGAL CONSUMER COMPLAINT NO. SC/19/CC/897/2019 Dr. Anirban Chattopadhyay & Another PRESENT ADDRESS - S/o Hari Sadhan Chattopadhyay, 441/22, Parnashree Pally, P.O. & P.S. -

Parnashree, Kolkata -700 060.,WEST BENGAL.

Smt. Gouri Chatterjee PRESENT ADDRESS - W/o Anirban Chattopadhyay, 441/22, Parnashree Pally, P.O. & P.S. -

Parnashree, Kolkata -700 060.,WEST BENGAL.

.......Complainant(s)

Versus M/s. Lucky Construction & Others PRESENT ADDRESS - Rep. by its sole prop., Sri Malay Jana, S/o Lt. Biswanath Jana, 82, Dwijen Mukherjee Road, P.S. Parnashree, Kolkata -700 060.,WEST BENGAL.

Sri Goutam Chakraborty PRESENT ADDRESS - S/o Lt. Barada Pada Chakraborty, 65, Buroshibtala main Road, P.S. -

Behala, Kolkata -700 038.,WEST BENGAL.

Sri Sujit Pada Chakrabarti PRESENT ADDRESS - S/o Lt. Barada Pada Chakraborty, 65, Buroshibtala main Road, P.S. -

Behala, Kolkata -700 038.,WEST BENGAL.

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

BEFORE:

HON'BLE MR. AJEYA MATILAL , JUDICIAL MEMBER HON'BLE MRS. SAMIKSHA BHATTACHARYA , MEMBER FOR THE COMPLAINANT:

Dr. Anirban Chattopadhyay & Another, Mr. Amit Nath (Advocate)

FOR THE OPPOSITE PARTY:

M/s. Lucky Construction & Others, Mr. Subhajit Manna (Advocate)

DATED: 10/03/2026

ORDER

Samiksha Bhattacharya, Member The instant complaint has been filed under Section 17(1) (a) (i) of C.P.

Act 1986 against the OPs alleging deficiency in service.

The facts of the case, in brief, are that the Complainant is a reputed medical practitioner and the Complainant No. 2 is the wife of the Complainant No. 1. The Complainants jointly entered into an Agreement for Sale on 13.09.2018 for purchasing a flat admeasuring about 1750 Sq. ft. more than or laws consisting of four paid room, one living room, one dining, one kitchen, one toilet, one W.C along with one covered car parking space on the ground floor measuring an area of 120 Sq. ft. of the said building at premises No. 53 A, Buro Siv Tala Main road, Kolkata, 38700038.

The OP No. 1 is the promoter stroke develop developer and the OP Nos. 2 and 3 are the owners. The total consideration of the flat was 88,50,000/- . It was agreed by the complainants that they would paid the payable amount to the OP NO. 1 when the same becomes due and payable. It was also agreed by the OP No.1 that they shall complete the said building as per specifications and plans has approved by the KMC. The developer also agreed to provide the necessary sanitary, pluming and water connection in the bathroom and necessary internal wearing and switch board and power for domestic communication. The developer agreed to complete and make ready for handing over the possession of the flat and car parking space within 14.10.2018.

Complainants paid the amount of Rs. 29 lakh out of which Rs. 24 lakh was paid in cheque and Rs. 5 lakh was paid in cash.

Thereafter, complainant applied for housing loan from the SBI. But, the SBI refused to grant the loan on the ground of pendency of litigation in respect of the suit property in question. After denial of said loan from SBI, the Complainants started searching of the property and they had obtained necessary documents pertaining to the said suit which clearly establishes the fact that the OPs had knowledge about the suit at the time of signing of agreement for Sale. Then the Complainants sent the letter to OP No. 1 seeking refund of the entire earnest money of Rs. 29 lakh. Within 14 days which later was received by the OP No. 1. OP No. 1 replied that he was repay and willing to refund the money, but, he was not aware of his liabilities. On 13.02.2019 upon failure of the OP No. 1 to keep his promise. Complainants sent an advocates notice demanding refund of Rs. 29 lakh along with interest @ 18% till realization of the money. Then, the OP no. 1 immediately contacted with the Complainant No. 1 and suggested him for looking into other financial institutions and suggested LIC housing finance ltd or Allahabad Bank has alternative. Then the Complainant No. 1 made a fresh