Hon’ble Mrs. Soma Bhattacharjee, Member

Consumer complaint no. CC/339/2017 has been filed by Asaduzzaman against West Bengal Minorities Development Finance Corporation (WBMDFC) under section 12 read with Section 13 and 14 of the Consumer Protection Act, 1986.

The complainant had earlier filed CC/583/2013 before the DCDRF, North 24 Parganas, Barasat. However, the WBMDFC filed an appeal  before the WBSCDRC against the impugned judgment dt. 17.10.2014 passed by DCDRF, North 24 Pgs, Barasat. On grounds of pecuniary jurisdiction A/1460/2014 was upheld and the CC/583/2013 of the Forum was dismissed.

Then the complainant Asaduzzaman filed this CC/339/2017 before WBSCDRC.  

The brief facts of the case is as follows:

The complainant following an advertisement in the Anandabazar Patrika dt. 09.03.2001 of WBMDFC  booked  a 2BHK flat upon payment of Rs. 20,000/-. The booking amount was Rs. 20,000/-. After this WBMDFC held a lottery based on which the complainant was allotted flat no. MIG B 11/8 of 2BHK at ARENA, Plot No. BA 129 and BA 130, Action Area 1 at P.O & P.S. New Town. Subsequently, upon demand from WBMDFC he paid the following instalments for purchase of the earmarked MIG flat:

All payments were paid by Bank drafts and have been admitted by the OP. Later the complainant came to know that some 3BHK flats had remained unsold. Accordingly by writing two applications to WBMDFC on 01.06.2011 and 05.07.2012 he applied for conversion of his allotment from MIG 2BHK to HIG 3BHK flat of 930.9 sq. ft.  

Although at the time of allotment WBMDFC had informed that the rates of the flat would be at Rs. 1500/- to Rs. 1600/- per sq. ft., the WBMDFC demanded amount of Rs.21,17,798/- for the HIG 3BHK flat he had applied for @ Rs. 2262 per sq. ft. vide their letter dt. 20.08.2013. The complainant met the officials of WBMDFC and requested them not to escalate the price of the HIG flat but they did not agree. The complainant filed CC/339/2017 and notices were served upon WBMDFC. The Opposite Party appeared and filed W.V and prayed for their W.V being treated as evidence on affidavit.

Heard the submission of the Ld. Counsels of both sides. The defense case is that WBMDFC is an undertaking under Government of West Bengal whose function is to offer development schemes for the uplift of the beneficiaries of the minority communities. It was not a developer in the true sense of the term. The Ld. Counsel for the OP submitted that the land for building of these flats had been obtained from HIDCO at rates prescribed by them.

Vide their letter dt. 04.01.2012 Managing Director of WBMDFC had informed the complainant that “price (of land) may vary as per terms and conditions of HIDCO.” Vide letter dt. 14.03.2008 of General Manager of WBMDFC had informed the complainant that “the actual (construction) cost will be known only after finalisation of the tenders.”

It had been clearly stated by WBMDFC to all allottees that the cost of construction could be finalised only after the tender process was completed by WBMDFC. This was informed to the applicants vide their allotment letter. Hence the escalated rate of Rs.2262/- per sq. ft. is justified. In the allotment letter there was no provision for switching of choice of flats from 2 BHK to 3 BHK. Moreover as submitted by the defense counsel the complainant had failed to pay his instalments within due dates, as per payment schedule.

Considered the arguments of both sides. On appraisal of all documents, evidence and arguments of both sides and after thoughtful consideration it appears that the complainant is a consumer  for the fact that he has paid a total consideration of Rs. 12,60,000/- so far for purchase of  a flat from WBMDFC. The WBMDFC is deficient in service for not having delivered the flat to the complainant till date, in terms of C.P. Act, 1986. The complainant has prayed for registration of the HIG 3BHK flat in his name by the OP and delivery of possession of the flat.

Accordingly, CC/339/2017 succeeds and is allowed on contest.

The Opposite Party is directed to execute and register the HIG 3BHK flat at ARENA, Plot No. BA 129 and BA 130, Action Area 1 at P.O & P.S. New Town measuring about 930.9 sq. ft. at total consideration of Rs. 21,17,798/- in favour of the complainant after receipt of the balance consideration of Rs. 8,57,798/- from the complainant, within a period of 120 days from the date of order, and also deliver possession thereafter. The Opposite Party is hereby directed to pay legal expenses of Rs. 10,000/- to the complainant within a period of 120 days from this order.

If the Opposite Party fails to comply with this order, the complainant will be at liberty to put the award into execution.

Free certified copies are to be issued to all parties.

CC/339/2017 is disposed of accordingly.