DEBASISH SAHA Vs. GODREJ PROPERTIES LIMITED
LAWS(NCD)-2020-1-105
NCDRC
Decided on January 03,2020

DEBASISH SAHA Appellant
VERSUS
GODREJ PROPERTIES LIMITED Respondents

JUDGEMENT

C. Viswanath - (1.) This appeal is directed against the order of the West Bengal State Consumer Disputes Redressal Commission, Commission, Kolkata (hereinafter referred to as "the State Commission) dated 02.12.2019 in CC/149/2018.
(2.) Case of the Complainants is that by way of a tripartite agreement of nomination dated 12th December, 2011, Pallak Fashion Pvt. Ltd. nominated the Appellants/Complainants for one unit measuring 506.83 sq. ft. super built up area in tower "Prakiti Plaza" at Godrej Prakiti, Kolkata. The due date of possession of unit was 28th February, 2013. Though the Appellants paid Rs.13,18,697/-, about 77% of the total cost of the flat by 28th February, 2013, the Respondents failed to hand over the unit within the time stipulated. Rest of the payment due was made by the Appellants and got the conveyance deed registered on 9th October, 2017. For taking possession of the unit, Respondent No.1 insisted on signing of a waiver clause to compensate for delay in giving possession. Aggrieved by this action of the Respondents, the Appellants preferred Complaint before the State Commission praying the following reliefs:- i. An order directing the opposite parties to handover vacant and peaceful possession of the said unit in favour of the complainants; ii. An order directing the opposite parties to compensate the complainants with payment of interest for delayed delivery of possession of the residential unit No.01 on the ground floor of the complex known as "GODREJ PRAKRITI" lying and situated at the municipal holding no.187F/1, B.T. Road, Kolkata 700115 for the period from 1st March, 2013 to 31st March, 2017 @ 9% per annum amounting to Rs.4,74,730/- alongwtih further interest on Rs.4,74,730/- for the period from 10th October, 2017 till the actual date of payment @ 18% per annum; iii. An order directing the opposite parties to provide the complainants water connection to the said unit, completion certificate, electricity supply at the said unit and provide each and every common facility and amenity in terms of the deed of conveyance dated 9th October, 2017 read with the agreement for sale dated 13th June, 2011 and in accordance with the promises and assurances given by the opposite parties at the time of publicity of the project and invitation for booking of the said unit; iv. An order directing the opposite parties to pay Rs.5,00,000/- (Rs. Five Lakhs only) as compensation to complainants for deficiency of service and negligence on the part of the opposite parties in not providing the facilities and amenities and completion certificate as detailed in prayer (c) above immediately upon execution of the deed of conveyance dated 9th October, 2017 read with the agreement for sale dated 13th June, 2011 and in accordance with the promises and assurances given by the opposite parties at the time of publicity of the project and invitation for booking of the said unit; v. An order directing the opposite parties to pay Rs.3,00,000/- (Rs. Three Lakhs only) as compensation to complainants for causing mental harassment and agony; vi. An order directing the opposite parties to pay a sum of Rs.1,00,000/- (Rupees One Lakh only) for legal expenses and other incidental costs; vii. An ad-interim order in terms of prayer (a) above; viii. Such other and/or further orders(s)/directions as this Hon'ble Commission may deem fit and proper.
(3.) After hearing the case, alongwith all the interlocutory applications, the State Commission dismissed the Complaint allowing IA/919/2018 and IA/1131/2019 finding that the Appellants/Complainants were not consumers in terms of Section 2 (1) (d) of the Consumer Protection Act, 1986.;


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