LAWS(CAL)-2019-4-75

WOODS BIRCH HAZEL RESIDENTS ASSOCIATION Vs. MANAGING DIRECTOR, BENGAL UNITED CREDIT, BELANI HOUSING COMPANY LIMITED

Decided On April 25, 2019
Woods Birch Hazel Residents Association Appellant
V/S
Managing Director, Bengal United Credit, Belani Housing Company Limited Respondents

JUDGEMENT

(1.) The revisionist is aggrieved by the Order No. 20 dated 7th February, 2018 passed by the State Consumer Disputes Redressal Commission, West Bengal, in complaint case No. 66 of 2014 ( Wood Birch Hazel Residence Association Vs. Managing Director, Bengal United Credit Belani Housing Company Ltd.).

(2.) A complaint was filed by the Revisionist / Petitioner seeking reimbursement of Rs.14 Lacs towards failure of the OP to install fire fighting equipment in the Housing Complex concerned along with a sum of Rs.10 lacs as compensation as also a further sum of Rs.50,000 as litigation costs. Thus the total claim of the petitioners was Rs.24,50,000/-.

(3.) By the impugned order the complaint case was rejected as not being maintainable before the State Commission since the value of each of the flat units purchased by the members of the Revisionist in the residential complex of the OP exceeds Rs.1 Crore. It was held that even if a small defect in the entire residential complex is complained of and the complainant seeks compensation, the value of the entire flat and each member of the petitioner must be the basis of valuation in terms of Section 17 of the Consumer Protection Act, 1986.