DEBA PRASAD ROY Vs. GOPA CHOWDHURY

JUDGEMENT

(1.) Heard Ms. Manjeet Chawla, Advocate, for Deba Prasad Roy and Mr. Amit Ghosh, Advocate and Mr. Liyakat Ali, Advocate, for the complainant-Respondents, in aforementioned the appeals.

(2.) Deba Prasad Roy filed First Appeal No. 1426 of 2017, from the order of State Consumer Disputes Redressal Commission West Bengal dated 19/04/2017 passed in Consumer Complaint No.328 of 2014, whereby the complaint was allowed and the appellant and Proforma-Respondents were directed to execute the sale deed in respect of the flat mentioned in the agreement for sale, within 30 days from the payment of balance sale consideration by the complainant to the developer. Deba Prasad Roy filed First Appeal No.2452 of 2017, from the order of State Consumer Disputes Redressal Commission West Bengal dated 06/11/2017 passed in Consumer Complaint No. 403 of 2014, whereby the complaint was allowed and the appellant and Proforma-Respondents were directed to execute the sale deed in respect of the flat mentioned in the agreement for sale, within 30 days from the payment of balance sale consideration by the complainant to the developer and also the appellant was directed to pay compensation of Rs.100000.00 and cost of Rs.10000.00 . Deba Prasad Roy filed First Appeal No.2460 of 2017, from the order of State Consumer Disputes Redressal Commission West Bengal dated 06/11/2017 passed in Consumer Complaint No. 387 of 2014, whereby the complaint was allowed and the appellant and Proforma-Respondents were directed to execute the sale deed in respect of the flat mentioned in the agreement for sale within 30 days from the payment of balance sale consideration by the complainants to the developer and also the appellant was directed to pay compensation of Rs.100000.00 and cost of Rs.10000.00 . Common questions are raised in the appeals as such these were consolidated together and are decided by a common judgment.

(3.) Late Laxmi Moni Roy entered into a Development Agreement with M/s. B.M. Associates and its partners on 12.11.2008 and also executed a Power of Attorney dated 19.12.2008 in favour of Basudeb Sarkar and Mohan Das for development and construction of housing project (Ground plus three storied building) on premises No. 233-A/2/1, N.S.C. Bose Road, Kolkata-700040 and a Supplementary Agreement dated 30.11.2009, in respect of share allocation among the owner i.e. Laxmi Moni Roy and the developers. On the basis of the aforesaid documents, the developers got the Layout Plan sanctioned on 16.03.2010 and started construction. On advertisement of the project, Ashutosh Chowdhury, Gopa Chowdhury and Indranil Ghosh decided to purchase a flat in the aforementioned project. Ashutosh Chowdhury entered into a registered agreement for sale dated 23/09/2010 with the owner and the developers, for purchase of one flat admeasuring 1000 sq.ft. of super built up area and a car parking space of 120 sq.ft. on ground floor of the said building, for total sale consideration of Rs.27.00 lacs. Gopa Chowdhury entered into a registered agreement for sale dated 04/05.05.2011 with the owner and the developers, for purchase of one flat admeasuring 1000 sq.ft. of super built up area on the 3 rd floor, north-west side of the said building, for total sale consideration of Rs.24.00 lacs. Indranil Ghosh, Mitra Ghosh and Chhabi Gosh (jointly) entered into a registered agreement for sale dated 21.11.2011 with the owner and the developers, for purchase of one flat admeasuring 1000 sq.ft. of super built up area and one car parking space of 110 sq.ft. on ground floor of the said building, for total sale consideration of Rs.32.5 lacs.