Date of Filing- 23.07.2014

Date of Hearing – 29.06.2016

Date of Judgement – 11.07.2016.

PER HON’BLE SAMARESH PRASAD CHOWDHURY, PRESIDING MEMBER

JUDGEMENT

            Challenge in this appeal u/s 15 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) is to the judgement and final order dated 28.02.2014  passed by the Ld. District Consumer Disputes Redressal Forum, North 24 Parganas at Barasat (for short, Ld. District Forum) in Consumer Complaint no. 473/2013 whereby the Consumer Complaint initiated by the Respondent u/s 12 of the Act was allowed on contest with cost of Rs.5,000/- against the Appellants (Developer) with direction upon the OPs/Appellants to execute and register the Deed of Conveyance or to refund of Rs.5,00,000/-, to pay compensation of Rs.10,000/-.

          The Respondent being the Complainant lodged the complaint with the assertion that on 17.10.2011 he has entered into an Agreement of Sale to purchase of a flat being no.F/1 on the first floor in the multi-storied building under the name and style “Dakshineswari Apartment” lying and situated at Premises no.29, Sree Gopal Mallick Road, P.S.- Belghoria, Kolkata  - 700057 within the District of North 24 Parganas at a consideration of Rs.9,52,000/-.  The Complainant has paid Rs.10,000/- and Rs.2,10,000/- on 03.09.2011 and 17.10.2011 respectively.  After completion of the entire construction works, the Complainant could not get the possession of the flat in question.  The request and reminders of the Complainant including the legal notice dated 18.04.2013 went in vain.  Hence, the Respondent approached the Ld. District Forum with prayer for certain reliefs, Viz. a) an order directing the OPs to execute and register the Deed of Conveyance or alternatively to refund the earnest money of Rs.2,20,000/-; b) an order of adequate compensation for harassment and mental agony; c)  costs of litigation etc.

          The Appellants being OPs by filing a written version disputed the allegations contending inter alia that inspite of several requests, the Complainant defaulted in payment of balance amount of Rs.7,42,000/- and as the intending purchaser has defaulted in payment of entire consideration amount as per payment schedule, the complaint should be dismissed.

          After assessing the materials on record including the evidence led by the parties, the Ld. District Forum allowed the Consumer Complaint with the directions, as indicated above, which prompted the OP nos. 1 & 2 to come up in this Commission with the present appeal. 

          We have scrutinised the materials on record and consider the submission advanced by the Ld. Advocates appearing for the parties.

          Having heard the Ld. Advocates for the parties and on going through the materials on record, it would reveal that the Appellant no.1 is a proprietorship construction firm represented by its Sole Proprietor i.e. Appellant no.2.  The Appellant no.2 is also the Registered Land Owner of the suit property/building.  It is not in dispu