Subrata Talukdar, J. - (1.) BY filing CRR 718 of 2013 and CRR 3431 of 2012 the petitioners challenge the proceedings in Case no. C -2144 of 2012 and C -2794 of 2012 presently pending respectively before the Learned 10th Judicial Magistrate at Alipore and the Learned 7th Judicial Magistrate, Alipore as also the orders passed in the said proceedings. With the consent of the parties both the matters are taken up for analogous hearing as they arise out of identical allegations connected to purchase of flats with facilities at South City Project in which the petitioners are the Officers/Directors. CRR 718 of 2013: - 1) The petitioners claim that they are Directors/Officers of a Company by the name of South City Projects (Kolkata) Limited (hereinabove referred to as the said Company and/or South City Projects for short) having its registered office at 375, Prince Anwar Shah Road, Kolkata -700068. The petitioners no. 2 and 3 further claim that they have ceased to become the Directors of the said Company with effect from 14th of May, 2012, i.e. prior to the filing of the complaint. In support of their above contention the petitioner nos. 2 and 3 rely upon documents marked Annexure P -1 of CRR 718 of 2013. The petitioners allege that the Opposite Party no. 2 (for short the OP2) in CRR 718 of 2013 filed a complaint before the Learned Chief Judicial Magistrate, Alipore alleging commission of offences by the petitioners punishable under Sections 418/420/406/504 and 506 of the Indian Penal Code (for short the IPC) which was registered as Case no. C -2144 of 2012. In her complaint it is stated that the OP2 and her father -in -law came to learn from hand bills and/or souvenirs that flats are available in South City Projects. The flats were available to intending purchasers with facilities such as shopping mall, landscape garden, residents Club with all modern facilities, international school with football ground and a swimming pool etc. With respect to the Club, named and styled as South City Club the hand bills and/or souvenirs advertised as follows: - "Promising a resort like experience, the South City Club has a perfect getaway for the entire family. Spread over 3 acres (180 cottahs), the multi -facility Club offers social and entertainment activities along with an air conditioned sport centre, guest room, banquet facilities for function. The Club will provide dedicated parking space for members and guests. The South City Club will have the largest swimming pool within a residential complex in the city, along with that a children's pool, sports pool and a leisure pool. It will also have tennis and squash courts, an indoor cricket arena, billiards and pool tables besides a card room. There will be a fine dining restaurant with banquet facilities, pub, lounge, health Club, spa and a creche for toddlers." According to the complainant, attracted by the Club facilities offered she agreed to purchase a high priced residential unit in South City Projects and submitted an application in prescribed format along with an application money of Rs. 1 lac which was duly acknowledged by the petitioners -accused through money receipt. In May, 2004 allotment offer was issued to the complainant vide memo no. UN/1/0193. By the said allotment the complainant was allotted a residential unit in South City Projects as per Standard Terms and Conditions (for short STC) of sale. By the said allotment letter the complainant was asked to pay 50 percent of the Club membership fees of Rs. 60,000, i.e. Rs. 30,000 along with first money instalment through 3 separate cheques amounting to Rs. 6,45,812, Rs. 30,000 and Rs. 5,500 respectively. The complainant duly paid 50 percent of the Club membership fees amounting to Rs. 30,000 which was acknowledged by the petitioners -accused. She paid the balance 50 percent of the Club membership fees also amounting to Rs. 30,000 at the time of taking over possession of the residential unit being allotted to her being no. I, Floor 13, Tower no. 1 (Oak) having a built -up area of 1415 sq. ft and a super built -up area of 1854 sq. ft.
(2.) IT is the further case in the complaint that after making full payment of the total Club membership fees of Rs. 60,000 plus service tax on which charges (balance amount) of Rs. 7,416 in the month of June, 2008 as per STC of sale was paid at the time of possession of her residential unit of the complex. The complainant alleges that in spite of full payment and taking possession of her allotted residential unit in the year 2008, the said flat was not registered till 20th September, 2010, after much harassment faced by the complainant. The complainant has specifically alleged that in spite of the STC of sale embodied in the Deed of Declaration registered on 31st October, 2005 and specifically mentioned in para -2.8.1(a) thereof the Club membership is yet to be handed over to the complainant. Till date, according to the complainant, in spite of several oral assurances by the petitioners -accused to the effect that the Club membership along with its facilities will be provided within a short period of time, the complainant/OP2 is awaiting the Club membership.
(3.) IT is the further case of the complainant that during the lifetime of her father -in -law such Club facilities were not handed over and her father -in -law died without enjoying any of the facilities of the Club.;