DIST. CONSUMER DISPUTES REDRESAL FORUM
NORTH 24 Pgs., BARASAT.
C. C. CASE NO. 624 /2014
Date of Filing: Date of Admission Date of Disposal:
14.11.2014 26.11.2014 17.07.2015
COMPLAINANT = Vs. = OPPOSITE PARTIES.
Sri Basu Deb Saha 1. Sri Jayanta Nath
S/o. Late Baloshyam Saha S/o. Late Anil Chandra Nath
8/32, East Mall Road (Green Valley), 11/5, Jogipara Road,
P.S.-Dum Dum, P.S.-Dum Dum,
Kolkata-700028 Kolkata-700028
2. Sri Bikash Saha
S/o. Late Baloshyam Saha
289, Kabi Nabin Sen Road
Narayani Apartment, Block-B
3rd Floor, P.S.-Dum Dum,
Kolkata-700028.
3. Sri Bidyut Saha
S/o. Late Baloshyam Saha
289, Kabi Nabin Sen Road
Narayani Apartment, Block-B
3rd Floor, P.S.-Dum Dum,
Kolkata-700028.
4. Sri Tarun Saha
S/o. Late Baloshyam Saha
289, Kabi Nabin Sen Road
Narayani Apartment, Block-B
2nd Floor, P.S.-Dum Dum,
Kolkata-700028.
5. Sri Barun Saha
S/o. Late Baloshyam Saha
289, Kabi Nabin Sen Road
Narayani Apartment, Block-A
1st Floor, P.S.-Dum Dum,
Kolkata-700028.
6. Sri Prem Nath Saha
S/o. Kashi Nath Saha
289, Kabi Nabin Sen Road
Narayani Apartment, Block-A
1st Floor, P.S.-Dum Dum,
Kolkata-700028.
ORDER
1) That the complaint be and the same is allowed on contest against OP-1 with cost and against OP-2 to 6 without cost.
2) That the OP-1 is directed to hand over the possession of the flat allotted to the complainant-owner and a copy of Completion Certificate of the entire building as per stipulations of the Development Agreement Dated 10/12/2000 within two months from the date of this order failing which the OP-1 shall have to pay a sum of Rs 6000/-(Six Thousand) per month to the complainant-owner till delivery of possession for prospective loss of non-possession of the flat.
3) That the OP-1 is directed to pay to the complainant-owner a sum of Rs 4,80,000/-(Four Lac Eighty Thousand) at rate of Rs 4000/-(Four Thousand) per month as average loss for non-possession of the flat for ten years, within two months from the date of this order failing which the OP-1 shall have to pay an interest at the rate of 9Per cent on the amount after the expiry of the stated period till realization.
4) That the OP-1 is directed to pay to the complainant-owner a sum of Rs 100,000/-(One Lac) as penal measure as stipulated under clause 15, page 13 of
the Development Agreement Dated 10/12/2000, and compensation for physical harassment and mental agony, within two months from the date of this order.
5) That the OP-1 is directed to pay to the complainant-owner a sum of Rs 10,000/-(Ten Thousand) within two months from the date of this order as suit cost.
6) That the above executable orders shall have to be complied with within the stipulated period of two months failing which OP-1 shall have to pay a sum of Rs 200/-(Two Hundred) per day from the expiry of the stated two months’ time, to be deposited with the State Consumer Welfare Fund.
Let a copy of this order be supplied to the parties when applied for.
Member President
Written & Typed by me
