SONARTORI PROJECTS Vs. TAPAN KUMAR LAHA
Tapan Kumar Laha
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C. Viswanath,J. -
(1.) The present Appeal is filed under section 19 of the Consumer Protection Act, 1986 against Order passed by the West Bengal State Consumer Disputes Redressal Commission, Kolkata (hereinafter referred to as "the State Commission") in Complaint No. 504/2016 dated 09.08.2019.
This Appeal has been filed with a delay of 40 days. Heard Learned Counsel for the Appellants on IA/16566/2019, an application for condonation of delay. For the reasons given in the application, delay is condoned.
(2.) Case of Respondent No.1/Complainant is that he entered into an agreement on 02.04.2012, with the Appellants/Opposite Parties to purchase a flat measuring about 1115 sq. ft. alongwith covered car parking space in "SONARTORI" at Mouza-Sulanguri, P.S. Rajarhat, District North Parganas, Hatiara No.2 Gram Panchayat for a total consideration of Rs.20 lakhs. The entire consideration amount was paid to the developer, vide cheque No.676250 drawn on HDFC Bank dated 23.02.2012. Another sum of Rs.62,344/- was also paid towards other charges. The due date of possession was June, 2013. Despite elapse of many years, the Appellants did not execute the sale deed. Hence, a Complaint was filed before the State Commission seeking direction to the Opposite Parties to hand over possession of the flat with parking space and to execute the conveyance deed in accordance with the agreement, apart from damages and interest.
(3.) The Appellants/Opposite Parties filed their written version denying the allegations of the Complainant. The State Commission allowed the Complaint with following directions: -
"i. The O.P. Nos. 1 to 4 are directed to deliver possession of the subject flat and car parking space as mentioned in the Second Schedule to the agreement for s ale dated 02.04.2012 in favour of complainant within 60 days from date;
ii. The OPs are jointly and severally directed to execute and register the deed of conveyance in favour of the complainant in respect of the property mentioned above within 30 days from the date of delivery of possession;
iii. The OP Nos. 1 to 4 are directed to pay compensation in the form of simple interest @ 9% p.a. from the date 01.04.2014 till the date of delivery of possession over the amount of Rs.20,00,000/-.
iv. The OP Nos. 1 to 4 are directed to pay a sum of Rs.10,000/- to the complainant as cost of litigation;
v. The above amount of compensation and litigation cost must be paid within 60 days from date, in default, the amount shall carry interest @ 9% p.a. from date till its realization."
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