DEBASHIS SINHA Vs. R.N.R. ENTERPRISE
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ANUP K.THAKUR,J. -
(1.) 36 flat owners, in different blocks, of Soura Niloy Housing Complex at 1, Kailash Ghosh Road, Kolkata - 700008, have come together to file this joint consumer complaint dtd. 19/7/2008.
(2.) Per the complaint, small, contiguous plots, of different land owners, were developed by the OP. Or, these plots, multi storied buildings consisting of composite flats of different super built up areas, were constructed, as per plan duly approved and sanctioned by the Kolkata Municipal Authority (KMC). OPs publicised this project through brochure and advertisement (Ann. A and A(i)). The complainants purchased their respective flats, paying the full consideration as per market rate, and executing and registering the deed(s) of conveyance in their favour.
(3.) It is the case of the complainants that inspite of several requests and demands, OPs failed to provide the amenities and facilities assured by them. OPs also failed to provide the completion certificate (CC), a statutory requirement as per ruies of the KMC, and as such, even after purchase of their flats, the complainants' stay at the flats was precarious. The problem started when the complainants sought from the OPs the CC and the common amenities and facilities viz. piayground, community hall cum office room, 33 feet wide concrete road, and water supply from the KMC. Complainants' enquiries revealed that the piayground promised belonged to a local club; and the pond contiguous to the complex was described by OPs as their own and shown as 'beautified lake' in the brochure advertisement These were clearly unfair trade practices, per the plaint. To substantiate their complainant, they engaged the services of Mr. Monojit Dey, approved valuer of Calcutta High Court, to carry out a spot verification. His report (Ann D) detected constructional defects. Hence, this consumer complaint, seeking direction to the OPs to provide CC of the project, to set right the constructional defects and to provide (i) Community Hall, (ii) Landscape gardening, (in) Generator, (iv) Multi Gymnasium (Health Club), (v)- Water Filtration Plant, and (vi) Gas Pipeline, and pay compensation of Rs.1,80,00,000.00 (Rs.1.00 crore 80 lakh only), with 'itigation cost of Rs.50,000.00 (Rs. Fifty thousand only);
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