SAJAL ROY BARMAN Vs. PRANTOSH BANDOPADHYAY

JUDGEMENT

(1.) This revision petition has been filed against order dated 25th June, 2010 passed by State Consumer Disputes Redressal Commission, Kolkata (for short 'State Commission'). Vide impugned order, State Commission modified order dated 1811.2009, passed by DistrictConsumer Disputes Redressal Forum, North 24 Parganas, West Bengal (for short "District Forum").

(2.) Complainant /respondent No. 1's case is that he entered into an agreement for sale with petitioner (OP No. 1 and constituted attorney of OP No. 2 owner of the premises that is respondent No. 2 on 24.3.2005 on payment of advance consideration of Rs. 3,10,000 for purchase of a flat at a total consideration of Rs.5,25,000.Respondent No. 1 on subsequent dates, further paid Rs. 1,65,000 to the petitioner/opposite party No. 1, against proper receipt. As per agreement for sale, O.P. was to hand over possession of the suit property within seven months from the date of agreement. However, OP failed to hand over the possession of the flat and execute the Deed of Conveyance. It is also alleged that OP did not complete the pending works in the said flat as well as the building.

(3.) Due to failure oh the part of the OP-1 to comply with the terms and conditions as mentioned here in above, respondent No. 1 was compelled to arrange hiring of temporary accommodation at a total cost of Rs. 7,000 to Rs.8,000. It is further alleged that even after taking housing loan from LIC Housing Finance Ltd. w.e.f. 1.5.2005, respondent No. 1 had to bear financial burden of payment of EMI, though he was denied possession of the suit flat. During his visit to the suit premises respondent No. 1, found the door of the flat in question under lock from inside and learnt that possession has been delivered to a third party by the OP-1. A complaint was lodged with the local Police Station. Having been denied of possession of the flat by OP-1 despite payment of substantial amount towards consideration, respondent No.1 filed the present complaint alleging deficiency in service and prayed for direction to the O.Ps. to execute the deed of conveyance, hand over peaceful and vacant possession of the schedule flat, to deliver possession certificate as well as completion certificate, to provide electric meter, to complete construction of unfinished works in the flat, to pay taxes and duties till the date of delivery of possession, compensation, rental and cost.