PRASANTA KUMAR PAUL Vs. SHUBHANKAR DEV
LAWS(NCD)-2020-2-61
NCDRC
Decided on February 03,2020

PRASANTA KUMAR PAUL Appellant
VERSUS
SHUBHANKAR DEV Respondents

JUDGEMENT

C Viswanath, J. - (1.) This appeal is against the order of the West Bengal State Consumer Disputes Redressal Commission, Commission, Kolkata (hereinafter referred to as "the State Commission) dated 16.12.2019 in CC/718/2017.
(2.) The Complainant entered into an agreement with the Opposite Party on 04.03.2013 to purchase a flat measuring about 825 sq. ft. super built up area in the building "AAMAR BARI" in Mouza-Mrigala, Dakshin Subhas Pally, P.S. Dankuni, District Hooghly for a total consideration of Rs.23,10,000/-. On full payment, the Opposite Party registered the flat on 09.12.2013 and also delivered its possession. The case of the Complainants is that the measurement of flat is lesser in area than shown in the deed. The Complainants, thereafter, lodged a Complaint with a prayer for following reliefs, viz- (a) an order directing the Opposite Party to pay Rs.90,748/- with interest for providing lesser area of 32.41 sq. ft; (b) an order directing the Opposite Party to pay Rs.6,500/- tentatively which the Complainants paid towards stamp duty and registration fee in respect of 32.41 sq. ft. with interest; (c) an order directing the Opposite Party to pay compensation of Rs.5,00,000/- for deficiency of service and illegal activities which caused severe harassment and mental agony to the Complainants; (d) an order directing the Opposite Party to pay litigation cost of Rs.1,00,000/- to the Complainants; (e) an order to pay interest at the rate of 18% p.a. etc.
(3.) The Appellant/Opposite Party abstained from contesting the case. The State Commission allowed the Complaint ex-parte and directed the Opposite Party to refund Rs.90,748/- to the Complainants alongwtih Rs.20,000/- towards compensation for mental agony and harassment and Rs.10,000/- for cost of litigation. Above amount was to be paid within 45 days from the date of communication of the order and in default the amount was to carry 9% interest p.a. from the date of the order till realization.;


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