| First Appeal No. A/1454/2014 | | (Arisen out of Order Dated 02/12/2014 in Case No. CC/283/2012 of District North 24 Parganas) |
| | | | 1. M/s. Reliance Construction | | 32, Neogipara Road, P.S. - Baranagar, Kolkata -700 036, Dist. - North 24 Pgs. | | 2. Sri Gopal Das (Developer) | | S/o Late Suresh Chandra Das, 31/D, Ramchand Mukherjee Lane, P.S. Baranagar, Kolkata -700 036, Dist. North 24 Pgs. | | 3. Sri Sadananda Saha | | S/o Sri Jugal Saha, 65, Neogipara Road, P.S. Baranagar, Kolkata -700 035. | | 4. Sri Satyananda Saha | | S/o Sri Jugal Saha, 65, Neogipara Road, P.S. Baranagar, Kolkata -700 035. | | 5. Sibaprasad Roychoudhury | | S/o S. Roychoudhury, 42/3, S.B. Neogi Garden Lane, P.S. Baranagar, Kolkata -700 035, Dist. North 24 Pgs. | | 6. Smt. Tapati Banerjee | | W/o Shankar Banerjee, 130, R.K. Mukherjee Road, P.S. Baranagar, Kolkata -700 035, Dist. North 24 Pgs. | | 7. Smt. Manika Kali | | 479/3, Biswa Kabi Road, P.O. & P.S. - Asoke Nagar, Kolkata -700 035, Dist. North 24 Pgs. | | 8. Sri Rama Bhattacharjee | | W/o Chittaranjan Bhattacharjee, 43/H/7/1 Chowl Patty Road, P.S. Belghoria, Kolkata -700 010, Dist. North 24 Pgs. | | 9. Sri Aurobinda Bhadury | | S/o Lt. Sarabindu Bhusan Bhadury, 64, Nim Chand Moitra Stree, P.O. Alambazar, P.S. Baranagar, Kolkata -700 035, Dist. North 24 Pgs. | | 10. Smt. Malati Rani Chakraborty | | W/o Lt. Santosh Chakraborty, 64/1, Nim Chand Moitra Stree, P.O. Alambazar, P.S. Baranagar, Kolkata -700 035, Dist. North 24 Pgs. | | 11. Smt. Uma Rani Dutta | | W/o Sri Ranjit Dutta, Vill. & P.O. -Prafullya Nagar, P.S. Habra, Dist. North 24 Pgs. |
| ...........Appellant(s) | |
| Versus | | 1. Smt. Suparna Bhadury | | W/o Late Nitai Bhadury, 42, Nim Chand Moitra Street, P.O. Alambazar, P.S. Baranagar, Kolkata -700 035, Dist. North 24 Pgs. |
| ...........Respondent(s) |
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| Final Order / Judgement | |
HON’BLE JUSTICE ISHAN CHANDRA DAS, PRESIDENT
This appeal has been directed against the judgment and order dated 02-12-2014 passed by Ld. DCDRF, 24-Parganas (North) at Barasat in CC/283/2017 where the Forum concerned while disposing of the said complaint case allowed the same on contest held the OPs jointly and severally liable and directed the OPs to execute and register the deed of conveyance in respect of the flat of the complainant, described in the schedule of petition of complaint, on receipt of balance consideration failing which the complainant was given liberty to execute and register the deed of conveyance through the Forum concerned on deposit of balance consideration. It was further directed that the enhanced cost of registration shall be borne by the complainant along with all the OPs in equal share, to pay Rs. 2,000/- (Rupees two thousand) towards litigation cost and to hand over the completion certificate within two months from the date of the order i.d. to pay Rs. 100/- (Rupees one hundred) per day as punitive damages till its realization for depositing the same before SCWF.
Being aggrieved by and dissatisfied with the said judgment and order as noted above, the present appeal has been preferred by the OP.
Briefly stated, fact of the case was that the complainant entered into an agreement for sale on 15-12-2008 with the OP nos. 1 to 5 (who are the appellants herein) by virtue of a Development Agreement dated 10-08-2007 executed between the developers and the OPs no. 6 to 10, the land owners for purchasing a self contained flat having an area of 350 sq. ft. + 150 sq. ft. super built up area in a multistoried building, paid Rs. 10,000/- (Rupees ten thousand) only out of total consideration of Rs. 2,60,000/- (Rupees two lakh sixty thousand). Subsequently the petitioner due to her financial stringency expressed her desire not to take possession of the said ad
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