| Complaint Case No. CC/920/2017 | | ( Date of Filing : 08 Dec 2017 ) |
| | | | 1. Sri Snehanshu Bhattacharyya | | S/o Sri Tridibesh Bhattacharyya, 6, Thakur Ramkrishna Lane, Flat no. 2B, 1st Floor, Howrah, Pin -711 104. | | 2. Smt. Sampa Bhattacharyya | | W/o Sri Snehanshu Bhattacharyya, 6, Thakur Ramkrishna Lane, Flat no. 2B, 1st Floor, Howrah, Pin -711 104. |
| ...........Complainant(s) | |
| Versus | | 1. The Director, Mr. Radheshyam Lohia, Avishekar Nirman Pvt. Ltd. | | 1/1, Haridutt Rai Chamaria Road, P.S. - Golabari, Howrah, Pin - 711 101. | | 2. The Director, Mr. Sudama Pandit, Avishekar Nirman Pvt. Ltd. | | 1/1, Haridutt Rai Chamaria Road, P.S. - Golabari, Howrah, Pin - 711 101. | | 3. Sri Kanailal Gayen | | S/o Lt. Surendranath Gayen, 5/1, Thakur Ramkrishna Lane, P.S. - Shibpur, Howrah, Pin -711 102. | | 4. Sri Amar Chandra Gayen | | S/o Lt. Surendranath Gayen, 5/1, Thakur Ramkrishna Lane, P.S. - Shibpur, Howrah, Pin -711 102. | | 5. Smt. Ashalata Ghorui | | W/o Lt. Ratan Ghorui, 125, Brojonath Lahiri Lane, P.S. - Shibpur, Howrah, Pin -711 102. | | 6. Smt. Rekha Gayen | | W/o Lt. Feluram Gayen, 5/1, Thakur Ramkrishna Lane, P.S. - Shibpur, Howrah, Pin -711 102. | | 7. Smt. Rubi Sahoo | | W/o Sri Sudipta Sahoo, 5/1, Thakur Ramkrishna Lane, P.S. - Shibpur, Howrah, Pin -711 102. | | 8. Sri Siddhartha Gayen | | S/o Lt. Feluram Gayen, 5/1, Thakur Ramkrishna Lane, P.S. - Shibpur, Howrah, Pin -711 102. |
| ............Opp.Party(s) |
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| Final Order / Judgement | Hon’ble Mr. Ajeya Matilal, Presiding Member The Ld. Advocates for the complainant and OP nos. 3 to 7 and the Junior Advocate for OP nos. 1 and 2 are present. In course of hearing the Ld. Advocate for the complainant drew my attention to the report of the Ld. Engineer Commissioner dt. 08.02.2019 filed by the Engineer Commissioner Mr. Ashit Baran Mukhopadhyay. It appears from the report of the Ld. Commissioner that the area of the flat in question is 713 sq. Ft. As per agreement for sale dt. 26.02.2014 and deed of conveyance dt. 27.03.2014 the total area should have been 775 sq. Ft. It appears there is shortfall of 62 sq. Ft. as per deed of conveyance. The total consideration price was Rs. 19,37,500/-. On the basis of aforesaid valuation, the price of shortfall area of 62 sq. Ft would be Rs. 1,55,000/-. The Ld. Advocate for the complainant submitted that the developers may please be directed to refund the same to the complainant with a rate of interest 6% p.a. payable from 27.03.2014 i.e. the date of execution of deed of conveyance within 90 days. Accordingly, the case being no. CC/920/2017 is disposed of in view the submission of the Ld. Advocates for all sides. The OP nos. 1 and 2 are directed to pay Rs. 1,55,000/- from 27.03.2014 with an interest @ 6% p.a. from that day within 3 months from this order, failing which the complainant will be at liberty to put the award into execution. There shall be no special order for compensation or litigation cost. | |
