STATE CONSUMER DISPUTES REDRESSAL COMMISSION WEST BENGAL CONSUMER COMPLAINT NO. SC/19/CC/813/2018 Smt. Priti Bandhopadhyay & Another PRESENT ADDRESS - W/o Sri Debasis Bandhopadhyay, Flat no.4B, 4th Floor, Aura By Lake Apartments, 58/1, Suren Sarkar Road, P.S. - Belaighata, Kolkata - 700 010(W.B),WEST BENGAL.

Sri Debasis Bandhopadhyay PRESENT ADDRESS - S/o Lt. Sri Bholanath Banerjee, Flat no.4B, 4th Floor, Aura By Lake Apartments, 58/1, Suren Sarkar Road, P.S. - Belaighata, Kolkata - 700 010(W.B),WEST BENGAL.

.......Complainant(s)

Versus M/s. Creative Hi-Rise Private Limited & Others PRESENT ADDRESS - Through its Managing Director, 6, Park Side Road, 3rd Floor, near Deshapriya Park, P.O.- Kalighat, P.S. Tollygunge, Kolkata - 700 026.,WEST BENGAL.

Sri Bajrang Lal Churiwala, Director, Creative Hi-Rise Pvt. Ltd.

PRESENT ADDRESS - 6, Park Side Road, 3rd Floor, near Deshapriya Park, P.O.- Kalighat, P.S.

Tollygunge, Kolkata - 700 026. ,WEST BENGAL.

Smt. Sarla Churiwala, Director, Creative Hi-Rise Pvt. Ltd.

PRESENT ADDRESS - 6, Park Side Road, 3rd Floor, near Deshapriya Park, P.O.- Kalighat, P.S.

Tollygunge, Kolkata - 700 026. ,WEST BENGAL.

The Municipal Commissioner, Kolkata Municipal Corporation PRESENT ADDRESS - 5, S.N. Banerjee Road, Kolkata - 700 013(W.B),WEST BENGAL.

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

BEFORE:

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

Smt. Priti Bandhopadhyay & Another, Mrs Jaya Bose (Advocate)

FOR THE OPPOSITE PARTY:

M/s. Creative Hi-Rise Private Limited & Others, Mr. Debanjan Ghosh, Mr. Rahul Podder (Advocate)

DATED: 13/03/2026

ORDER

Samiksha Bhattacharya, Member The instant complaint has been filed by the Complainants/Smt. Priti Bandhopadhyay and Sri Debasis Bandhopadhyay under Section 17 read with Section 12 of the C.P. Act, 1986 against the OPs alleging deficiency in service.

Facts of the case, in brief, are that the Complainants entered into an agreement for sale on 23.05.2017 with the OP Nos. 1 to 3/M/s. Creative High-Rise Private Limited for purchasing a flat being Unit No. 4B at the fourth floor containing a built-up area of 1398 sq.ft. for consideration amount of Rs. 88,17,436/- along with a car parking space having the consideration amount of Rs. 5,80,000/-. As per deed of indenture dated 14.07.2017 the car parking space being No. 12 was allotted to the Complainants by the OPs for parking one medium size car for his family. The covered car parking space in the ground floor has been marked as C-12 which has been mentioned in the letter dated 14.07.2017 issued by the OPs. The deed of indenture was registered in Book 1, Volume No. 1901-2017, Page from 147693 to 147745 being no. 190104511 for the year 2017 before the ADSR Kolkata on 14.07.2017. In the beginning of 2018 the Complainants came to know about a revised building plan sanctioned by KMC on 29.01.2016 wherefrom it appears that KMC granted 14 car parking spaces. The Complainants had not been provided with the modified building plan dated 29.01.2016 by the OPs which was received with the help of RTI. Complainants were shocked to see that instead of 14 sanctioned car parking spaces the OPs provided 19 car parking spaces at the ground floor of the said premises thereby Complainants were suffering diverse problems in parking their car due to shortage of space at the parking drive way. In the registered agreement for sale and deed of indenture as per building plan no. 2011030079 dated 30.03.2012 there were 14 car parking spaces but OPs allotted 19 car parking spaces.

The Complainants have further alleged that after lapse of 18 months of Execution of the sale deed the OP No. 1 did not deliver the occupancy (completion) certificate. For the acts of the OP No. 1 the Complainants have suffered great deal of mental trauma and therefore, they have filed the instant complaint praying for direction upon the OP No. 1 to provide completion certificate, occupancy certificate and revised plan in respect of their apartment along