HAPPY CONSTRUCTION Vs. HENA BANERJEE
LAWS(NCD)-2020-3-70
NCDRC
Decided on March 16,2020

Happy Construction Appellant
VERSUS
Hena Banerjee Respondents

JUDGEMENT

C.Viswanath,J. - (1.) The present Appeal is filed by the Appellants under Section 19 of the Consumer Protection Act, 1986 against Order dated 13.06.2017 passed by the West Bengal State Consumer Disputes Redressal Commission, Kolkata (hereinafter referred to as the "State Commission") in Complaint No.32/2016.
(2.) The case of the Complainant/Respondent is that she entered into an agreement with the Opposite Party on 14.03.2008 for the development of her property. Her father Golak Nath Mukherjee was the owner of premises No.5, Gora Chand Lane, P.S. Shibpur within the local limits of Howrah Municipal Corporation, who died intestate leaving behind his widow Ava Rani Mukherjee and the Complainant. Ava Mukherjee passed away on 24.03.2013 and the Complainant became the absolute owner of the property. The Opposite Party- Developer was to make construction in Block-A for commercial purpose covering 12843 sq. ft. and Block-B covering 3804 sq. ft. Block-A of the building was to be completed within 24 months and Block-B to be completed within 10 months. The Opposite Party was to deliver 1033 sq. ft. in the first or second floor and a shop measuring 134 sq. ft. The Opposite Party not having delivered the same, the Complainant filed Complaint before the State Commission with following prayer: - "i. Opposite parties to forthwith deliver possession in respect of one shop room measuring about 134 square feet in the ground floor of block A and one flat measuring about 1033 square feet in 1 or 2 floor in block A of the premises no.5 st nd Gora Chand Roy lane, Howrah ward No.32 within the municipal limit of Howrah Municipal Corporation hereto favour of the petitioner. ii. Opposite Party be directed to obtain and make over completion certificate in respect of s hop rooms and flat as agreed to be provided. iii. Opposite party forthwith be directed to make over the title deeds in respect of the properties description whereof is appearing in paragraph 17 hereof. iv. Opposite party be directed to pay interest and/or compensation in respect of the flat and shop rooms as indicated in paragraph 11 hereof. v. Cost of this application be assessed at Rs.10,000/- and respondent be directed to pay said sum together with further interest thereof. vi. Such further order or orders direction or directions be passed as your Honour may deem fit and proper."
(3.) Having not filed the written statement within time, the Opposite Party was not permitted to file the same. However, it participated in the final hearing of the case.;


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