ORDER NO. 4 DT. 14.12.10

HON’BLE JUSTICE MR. P.K.SAMANTA, PRESIDENT

Heard Mr. P.Banerjee, Ld. Advocate for the Appellant and Mr. B.Prasad, Ld. Advocate for the Respondent.  Judgement is delivered as under :-

This Appeal is by the Complainant/appellant against the judgement and order dt. 29.3.10 passed by the District Consumer Disputes Redressal Forum at Siliguri in Consumer Case No. 72/S/2009.  By the aforesaid judgement and order the complaint case has been allowed in part on contest with cost of Rs. 500/- to the complainant with a direction upon the OP to issue Occupancy Certificate in favour of the complainant within 15 days from the date of receiving of the same from the Siliguri Municipal Corporation.  The complainant has challenged the aforesaid order only on the ground that although payment of a sum of Rs. 7,77,539/- to the OP for purchase of the flat in question, has been proved in evidence, but the registered deed in respect of the same recites payment of Rs. 6,46,000/- only by the complainant to the Ops and, therefore, the excess amount should be refunded to the complainant.  Without going into the merits of the aforesaid contention of the Appellant it is evident from the materials on record that both the parties agreed for sale of the flat in question at a rate of Rs. 870/- per Sq. ft.   It has been proved in evidence that the purchaser has received possession of the flat measuring 808 Sq. ft., for which the purchase price stood at Rs. 8,08,404/-.  That apart, the complainant has not paid any stamp duty in the aforesaid Deed of Conveyance on the total sum of Rs. 7,77,539/- as paid to the Ops.  The complainant further has not proved anything by way of any independent evidence that he has received much less than 808 Sq., ft. of covered area or any lesser area for which the price stood at Rs. 6,46,400/- only so as to enable him to get a refund order as contended.  Accordingly we do not find any merit in this Appeal and the same is dismissed.