Decided on January 29,2020

Bengal Unitech Universal Infrastructure Pvt. Ltd. Appellant
Anup Bhargava Respondents


V.K. Jain,J. - (1.) No one has appeared for the appellant even on the second call. I have, therefore, heard the Learned Counsel for the complainant/respondent and have considered the record.
(2.) The complainant booked a residential apartment with the appellant company in a project namely Uniworld City Horizon which the opposite party was to develop in Kolkata and flat No. 04-09-0901 in the afore-said project was allotted to them vide letter dated 25.08.2005 for a consideration of Rs. 3573384.20/-. The complainants then executed an agreement with the appellant company on 03.11.2005, incorporating the respective rights and obligations of the parties in respect of the said transaction. As per clause 5(a)(1) of the agreement the possession to the complainants was to be delivered by 31.03.2008. The possession, however, was not even offered to them by that date. Vide letter dated 05.01.2010 the appellant informed the complainant that the flat was ready for possession and requested them to clear their dues as per the enclosed statement which contained a demand of Rs. 213460/- on account of increase in the super area of the apartment from 2052 sq. ft. to 2182 sq. ft The said demand, however, was disputed by the complainant/respondent. Further payments, however, were made to the appellant on 03.12.2010 and 29.01.2011. The partial occupancy certificate was obtained by the appellant on 14.03.2011 and thereafter a demand letter was issued to the complainant requiring him to pay a sum of Rs. 163650/-. The said amount, however, was not paid by the complainants who approached the concerned State Commission by way of a consumer complaint.
(3.) The complaint was resisted by the appellant primarily on the ground that the complainants were required to make additional payments to them along with maintenance charges and holding charges.;

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