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 with compensation of Rs.50,000/- and also compensation of Rs.50,000/- for illegally allotting extra car parking space without taking permission from the KMC and Rs.5,00,000/- compensation towards mental agony, harassment and litigation cost of Rs.25,000/-.

After filing the petition of complaint the Complainants have filed one Interlocutory Application being no. IA/289/2019 for deletion of names of OP Nos. 2 and 3 who were the Directors of OP No. 1. By Order dated 16/04/2019 this Commission has allowed the petition and accordingly the names of OP Nos. 2 and 3 were struck off from the cause title of the petition of complaint.

Both the OP No. 1 and OP No.4 filed their written version to contest the case.

In their written version the OP No. 1 contested the case inter alia stated that the complaint is barred by waiver, estoppel, acquiescence and/or principle of analogous thereto. The relief sought by the Complainants is not maintainable before this Commission both by facts and in law. The Complainants, after filing the complaint before the KMC, filed a writ petition being no. 17712/2018 before the Hon’ble High Court, Calcutta under Article 226 of the Constitution of India. Therefore the Complainants are estopped from seeking any reliefs from this Commission. The proceedings under the C.P. Act, 1986 is essentially summary in nature, thus the adjudication of issues should not be adjudicated before this Commission. Moreover, the OP No. 1 stated that before execution of the sale Agreement dated 23.05.2017 a provisional allotment letter was issued