A developer's failure to deliver possession of a residential flat within a stipulated timeframe constitutes a deficiency in service, entitling the consumer to a full refund of the deposited amount with interest and compensation.

DATED: 20/07/2026

ORDER

Hon’ble Mrs. Soma Bhattacharjee, Presiding Member

The instant CC/265/2019 has been filed by Kuntak Roy Choudhury against C.C.A.P. Limited Opposite Party No. 1 and others (presently known as Shelter Infra Project Ltd.) in a matter of housing dispute under Section 17 C.P. Act, 1986 . The suit is valued at Rs. 62,82,222/-.

The case of the complainant in a nutshell is : The OP no. 1 published advertisement for sale of their residential flats in a residential complex at Ananda Dhara at E.M Bypass of Kolkata. The complainant applied before the C.C.A.P Limited intending to purchase flat measuring about 1465 sq. ft., being no. T2/3F in Tower No. 2, on the 3rd floor after discussions with the company and as per their instruction the complainant duly deposited Rs. 9,67,193/- through one cheque dt. 28.09.2010 drawn on ICICI Bank Ltd. Kosba Branch. Money receipt was duly issued by OP no. 1 to the complainant.

At the time of booking of the said flat the company had handed over a brochure of their “General Terms and Conditions” to the complainant. Clause 13 of the said “General Terms and Conditions” provided that the company would endeavour to give possession of the apartment to the allottees within 36 months from the date of sanction of plan and permission for construction by competent authority, subject to payment by the allottees of all dues in respect of the allotted apartment including stamp duty and registration fees as applicable under the law. Clause 14 of the said “General Terms and Conditions” specifically stated that the company will pay Rs. 5000/- per month to the allottess in case of any failure by the company in handing over the possession, effective from the schedule date of possession till deemed date of possession of the apartment.

The said terms and conditions also provides “Due to any operation of law or any statutory order or otherwise as may be decided by CCAP, if a portion of the entire scheme is discontinued or truncated, then the Allottee(s) affected by such discontinuation or truncated will have no right of compensation from CCAP. CCAP will, however, refund all the money received from the Allottee (s) together with simple interest at the then prevailing rate applicable to Savings Bank Account. The Xerox copy of the General Terms and Conditions is already annexed with the main complaint.

The complainant sent a letter to the company dt. 23.09.2015 stating that since the stipulated period was already over and the scheduled flat was not handed over to him he sought refund of the booking amount along with interest. Cause of action started therein when the OP no. 1 did not refund the amount paid, the complainant filed the complaint case before the DCDRC North 24 Pgs vide CC/603/2016. This matter was dismissed on contest without any cost being barred by pecuniary jurisdiction and the Ld. DCDRC North 24 Pgs granted liberty to the complainant to approach the appropriate Commission. Being aggrieved by the said order the complainant moved the Hon’ble WBSCDRC by CC/340/2018 which was disposed of vide order dt. 19.06.2018 which reads as follows:

“It transpires that the complainant lodged one complaint being CC/603/2016 before the Ld. Distirct Forum and the said complaint was dismissed for want of pecuniary jurisdiction on 09.04.2018 referring the decision of the case of Ambrish Kumar Shukla & 21 Ors. (supra) ignoring the fact that in the said decision the issue of value of goods or services in case where refund has been claimed was not considered.

In that perspective, the order passed by the Ld. District Forum dated 09.04.2018 in CC/603/2016 appears to be bad in law and the Ld. District Forum should have disposed of the said complaint on merit.

In any case, from the above discussion, it clearly transpires that the present complaint is not amenable in this Commission for want of its pecun