BEFORE THE
HON’BLE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOLKATA UNIT-III
Tramline
Building ( 1st Floor )
18, Judges
Court Road, Alipore, Kolkata - 700027
Case no.CC/________/2025
In the matter
of :
Smt. Indrani Som,
aged about 68 years, Wife of Late Biplab Som, residing at Premises being No.
56/2, Rabindra Nath Tagore Road, Nabapally, Post Office Thakurpukur, Police
Station Haridevpur, Kolkata – 700063, presently residing at Premises being No.
47/5, Beni Master Lane, Ground Floor, Police Station – Parnasree, Kolkata –
700061, District South 24 Parganas.
__________Complainant
-
Versus
–
1.
M/s.
K.H. Enterprise, a partnership Firm, having its Office at Premises being No.
L-5/35A, Vivekananda Park, Post Office – Thakurpukur, Police Station –
Haridevpur, Kolkata – 700063, District South 24 Parganas.
2.
Smt.
Karabi Roy, Wife of Sri Nirmal Roy, residing at Premises being No. L-5/35A,
Vivekananda Park, Post Office – Thakurpukur, Police Station – Haridevpur,
Kolkata – 700063, District South 24 Parganas.
3.
Sri
Himadri Mridha, Son of Late Himangshu Kumar Mridha, residing at Premises being
No. 51/10, R.N. Tagore Road, Nabapally, Post Office Thakurpukur, Police Station
– Haridevpur, Kolkata – 700063, District South 24 Parganas.
4.
Sri
Swapan Halder, Son of Sri Gopal Halder, residing at Premises being No. H-55,
South Behala Road, Post Office Sarsuna, Police Station – Sarsuna, Kolkata –
700061, District South 24 Parganas.
______Opposite Parties
An application under Section 35 (1) of
the Consumer Protection Act’ 2019;
Consumer Application Valued at Rs. 10,574/-
(Rupees Ten Thousand and Five Hundred Seventy Four) only.
To,
The Hon’ble President and His
Companions Hon’ble Members of the District Consumer Disputes Redressal
Commission Kolkata Unit – III;
The
humble petition of the above named Complainant, most respectfully;
Sheweth as under;
1.
That the Complainant is a peace
loving and law abiding Citizen of the Country. The Complainant is residing at
the address given in the cause title of this application under Section 35 (1)
of the Consumer Protection Act’ 2019.
2. That
one Smt. Hena Chakraborty by virtue of a deed of Conveyance dated 05/09/1973,
which registered in Book no. I, Volume No. 62, Pages 180 to 187, Being no. 3639
for the year 1973, from Sri Sitanath Roy Chowdhury, Son of Late Sarat Chandra
Roy Chowdhury, was absolutely possessing, occupying and enjoying her Bastu land
measuring more or less 3 (three) Cottahs 13 (thirteen) Chittacks 9 (nine) sq.
ft. more or less together with old two storied Building total measuring 900 sq.
ft. more or less Pacca structural area (i.e. 400 sq. ft. in the Ground Floor +
500 sq. ft. in the first floor) standing thereon, lying and situated at Mouza –
Purba Barisha, Pargana – Khaspur, J.L. No. 23, R.S. No. 43, Touzi No. 1-6,
8-10, & 12-16, comprised in Dag No. 3063, appertaining to Khatian No. 188,
within the limits of the Kolkata Municipal Corporation (S.S.Unit) Ward no. 124,
being K.M.C. Premises No. 618, Vidyasagar Sarani, Police Station – Haridevpur,
Kolkata – 700063, District South 24 Parganas, and was being desirous to develop
the said property by constructing a multi storied building thereon, she entered
into a Development Agreement dated 09-11-2015, with M/s. K.H. Enterprise and
its partners, represented the said partnership Firm, on certain terms and
conditions as set-forth therein and the said Development Agreement was duly
registered in the Office of the D.S.R. II, Alipore, South 24 Parganas and
recorded in Book No. I, Volume No. 1602-2015, Pages from 174788 to 174824,
Being No. 160211538 for the year 2015.
Photostat copy of the said Development
Agreement dated 09-11-2015, is annexed herewith and marked as Annexure – “A”.
3. The
said Development Agreement dated 09-11-2015, gave entitlement of Owner’s
allocation as entire First Floor or flats of the proposed new multi-storied
building together with undivided impartible proportionate share or interest in
the land at the said premises, along with all common parts and service areas
along with other flat owners/ occupiers at the said premises, and in addition
to that with execution of the said agreement the developer has paid a sum of
Rs. 1,00,000/- (Rupees One Lakh) only to the Owner, and in all to be treated as
Owner’s allocation. It has pertinently stated that the demolition of the
existing structures of the said premises shall be responsibility of the
Developer who shall be entitled to the salvage materials arising there from.
The cost charges and expenses for such demolition and removal of debris and
site clearance will be paid, met and borne by the developer and the developer
shall pay to the owner a sum of Rs. 4,000/- (Rupees Four Thousand) only per
month towards the rent of the temporary accommodation of the Owner and the said
shifting shall effected from the date of starting demolishing works of the old
existing structure till delivery of possession of the owner’s allocation. The
Developer thereby undertakes to construct the Building diligently and
expediously and handover the Owner’s allocation to the Owner within 24 months
from the date of sanction of the building Plan or obtaining vacant possession
of the said premises whatsoever whichever is later subject to force majeure.
4. That
the said Smt. Hena Chakraborty died intestate on 15-04-2016, as spinster, leaving
behind surviving her nice namely the Complainant Smt. Indrani Som, as her only
legal heir, successor, and legal representative, who by virtue of inheritance
became the sole and absolute rightful owner of the said land measuring more or
less 3 Cottahs 13 Chittaks 9 sq. ft. together with the structures standing
thereon.
5. That
therefore in the said changed circumstances, the Developer being the Opposite
Parties entered into another Development Agreement dated 28th day of
June’ 2017, being well understood as a Supplementary Development Agreement with
the Complainant. The said development agreement contended some of the terms and
conditions, which refurnished herein as follows;
(a) That
the Owner and the Developer herein have agreed to obey and comply with all the
terms and conditions as set forth in Registered Development Agreement dated
09-11-2015, and also the parties herein also have agreed to abide by all the
terms and conditions of this Supplementary Development Agreement.
(b) The
Developer shall have exclusive right at its own costs to construct the said
proposed New Building in the said premises in accordance with the sanction
building plan to be sanctioned by the K.M.C. authority without any hindrance or
obstruction from the owner or any person or persons claiming through her as
long as the Developer fulfills all the terms and conditions of the said
Registered Development Agreement as the Supplementary Development Agreement
within 24 months from the date of sanction of Building Plan, the type of
construction will be made as mentioned in the Schedule “B” of the said original
Development Agreement dated 09-11-2015. The developer shall ensure that the
Building conform to Class-I standard Building specifications.
Photostat
copy of the said Supplementary Development Agreement dated 28th day
of June’ 2017, is annexed herewith and marked as Annexure – “B”.
6. That
since 28th day of June’ 2017, a substantial period of 7 (Seven)
years 2 (Two) months 30 (Thirty) days, has ever been elapsed, and still you did
not start any construction work on the schedule Bastu land measuring more or
less 3 (three) Cottahs 13 (thirteen) Chittacks 9 (nine) sq. ft. more or less
together with old two storied Building total measuring 900 sq. ft. more or less
Pacca structural area (i.e. 400 sq. ft. in the Ground Floor + 500 sq. ft. in
the first floor) standing thereon, lying and situated at Mouza – Purba Barisha,
Pargana – Khaspur, J.L. No. 23, R.S. No. 43, Touzi No. 1-6, 8-10, & 12-16,
comprised in Dag No. 3063, appertaining to Khatian No. 188, within the limits
of the Kolkata Municipal Corporation (S.S.Unit) Ward no. 124, being K.M.C.
Premises No. 618, Vidyasagar Sarani, Police Station – Haridevpur, Kolkata –
700063, vide Assessee No. 41-124-08-0616-6, in the District South 24 Parganas; Even
though the Opposite Parties had demolished the old structures standing thereon,
and did not give the sale proceeds of the materials of the said old structures,
to the Complainant.
7. That
for this prolonged period of 7 (Seven) years 2 (Two) months 30 (Thirty) days, the
Complainant was compelled to reside in the tenanted premises on rent and still
compelled to stay at the tenanted premises, as the Opposite Parties did not
start the construction work at the schedule premises in terms of the
development agreement referred herein above. The schedule land is still vacant
and without any activities so far on the said schedule land.
8. That
the Complainant is a Senior Citizen aged about 68 years old and a widower lady,
suffering a lot for her accommodation, she visited the offices of the Opposite
Parties, many a time to enquire about the development; But the Opposite Parties
did not pay any heed to her. Therefore, she understood that the Opposite
Parties refused to give her allocation in terms of the said development
agreement dated 28th day of June’ 2017, as the Opposite Parties did
not construct any structure on the said schedule property of her.
9.
However, before pursuing any litigation
against the Opposite Parties, the Complainant is in belief that good sense will
prevail on the Opposite Parties, therefore the Complainant seeks to get her
owners allocation in terms of the said development agreement dated 28th
day of June’ 2017, at the earliest preferably within a period of 30 (Thirty)
days from the date of receipt of the notice which has been sent by the
Complainant through her Learned Advocate, dated 26th day of
September’ 2024, and thereby seeking alternatively that she would get the
present market value of the owners allocation in terms of the said development
agreement dated 28th day of June’ 2017, at the earliest preferably
within a period of fortnight from the date of receipt of the notice with the
Opposite Parties, with adequate compensation as of Rs. 10,00,000/- (Rupees Ten
Lakhs) only, towards mental harassment, agony and the disturbances gifted by
the Opposite Parties to the Consumer Complaint. The said Notice dated 26th
day of September’ 2024, has duly been received by the Opposite Parties; But the
Opposite Parties did not heed to the said notice and did not even answer on the
said notice. The non-performance of the Opposite Parties are well established
their deficiency in services and unfair trade practices as meant for the
Consumer Protection Act’ 2019.
Photostat
Copy of the said Notice dated 26th day of September’ 2024, with the
postal receipts and Postal Track Report are annexed herewith and marked as
Annexure – “C”. Collectively.
10.
That the Consumer Complainant is an old
aged widower lady, aged about 68 years, awaiting to left for heavenly abode,
suffering a lot in pursuing herself to get her owner’s allocation as the Opposite
Parties did not heed to that with oblique motive, so far, which are clearly
seen from oblique performance in refusing to deliver such owner’s allocation to
the Consumer Complainant.
Photostat
Copy of the AADHAR Card of the Consumer Complainant, is annexed herewith and
marked as Annexure – “D”
11.
That the Opposite Parties failed
to deliver the physical possession of the owner's allocated property to the
elderly lady, the complainant in this Consumer Complaint. Despite the
allocation, the promised transfer of possession was not carried out as required
in terms of the Development Agreement dated 28th day
of June’ 2017, is an established instances of Deficiency in Services as well as
Unfair Trade Practices, of the Opposite Parties, as meant for in the Consumer
Protection Act, 2019.
12.
That the Complainant served such
facts through her Learned Advocate’s letter dated 26th
day of September’ 2024, on the Opposite Parties, which the Opposite Parties was
in receipt, But did not heed to the said notice nor even answer to the said
notice dated 26th day of September’ 2024, to the Complainant, till
the day of placing this application before the Hon’ble Commission.
13.
That the Complainant is a
Consumer as meant for in the Consumer Protection Act’ 2019. The Section 2(7) of
the Consumer Protection Act’ 2019, is reproduced herein as follows;
"consumer"
means any person who— (i) buys any goods for a consideration which has been
paid or promised or partly paid and partly promised, or under any system of
deferred payment and includes any user of such goods other than the person who
buys such goods for consideration paid or promised or partly paid or partly
promised, or under any system of deferred payment, when such use is made with
the approval of such person, but does not include a person who obtains such
goods for resale or for any commercial purpose; or (ii) hires or avails of any
service for a consideration which has been paid or promised or partly paid and
partly promised, or under any system of deferred payment and includes any
beneficiary of such service other than the person who hires or avails of the
services for consideration paid or promised, or partly paid and partly
promised, or under any system of deferred payment, when such services are
availed of with the approval of the first mentioned person, but does not
include a person who avails of such service for any commercial purpose.
Explanation. —For the purposes of this clause, — (a) the expression
"commercial purpose" does not include use by a person of goods bought
and used by him exclusively for the purpose of earning his livelihood, by means
of self-employment; (b) the expressions "buys any goods" and
"hires or avails any services" includes offline or online
transactions through electronic means or by teleshopping or direct selling or
multi-level marketing;
14.
That the Disputes referred herein
above are the Consumer Disputes, as meant for in the Consumer Protection Act’
2019. The Section 2(8) of the Consumer Protection Act’ 2019, is reproduced
herein as follows;
"consumer
dispute" means a dispute where the person against whom a complaint has
been made, denies or disputes the allegations contained in the complaint;
15.
That the Complainant is a
Consumer and therefore she acquire the following Consumer Rights as meant for
in the Consumer Protection Act’ 2019. The Section 2(9) of the Consumer
Protection Act’ 2019, is reproduced herein as follows;
"consumer
rights" includes,-- (i) the right to be protected against the marketing of
goods, products or services which are hazardous to life and property; (ii) the
right to be informed about the quality, quantity, potency, purity, standard and
price of goods, products or services, as the case may be, so as to protect the
consumer against unfair trade practices; (iii) the right to be assured,
wherever possible, access to a variety of goods, products or services at
competitive prices; (iv) the right to be heard and to be assured that
consumer's interests will receive due consideration at appropriate fora; (v)
the right to seek redressal against unfair trade practice or restrictive trade
practices or unscrupulous exploitation of consumers; and (vi) the right to
consumer awareness;
16.
That the act and omissions in the
manners as described herein in the aforesaid paragraphs are establishing unfair
trade practices and deficiency in services on the part of the Opposite Parties,
in all the manners, and regards thereof as meant for in the Consumer Protection
Act’ 2019. The Section 2(47) of the Consumer Protection Act’2019, is reproduced
herein as follows;
"unfair
trade practice" means a trade practice which, for the purpose of promoting
the sale, use or supply of any goods or for the provision of any service,
adopts any unfair method or unfair or deceptive practice including any of the
following practices, namely:— (i) making any statement, whether orally or in
writing or by visible representation including by means of electronic record,
which— (a) falsely represents that the goods are of a particular standard,
quality, quantity, grade, composition, style or model; (b) falsely represents
that the services are of a particular standard, quality or grade; (c) falsely
represents any re-built, second-hand, renovated, reconditioned or old goods as
new goods; (d) represents that the goods or services have sponsorship,
approval, performance, characteristics, accessories, uses or benefits which
such goods or services do not have; (e) represents that the seller or the
supplier has a sponsorship or approval or affiliation which such seller or
supplier does not have; (f) makes a false or misleading representation
concerning the need for, or the usefulness of, any goods or services; (g) gives
to the public any warranty or guarantee of the performance, efficacy or length
of life of a product or of any goods that is not based on an adequate or proper
test thereof: Provided that where a defence is raised to the effect that such
warranty or guarantee is based on adequate or proper test, the burden of proof
of such defence shall lie on the person raising such defence; (h) makes to the
public a representation in a form that purports to be— (A) a warranty or
guarantee of a product or of any goods or services; or (B) a promise to
replace, maintain or repair an article or any part thereof or to repeat or
continue a service until it has achieved a specified result, if such purported
warranty or guarantee or promise is materially misleading or if there is no
reasonable prospect that such warranty, guarantee or promise will be carried
out; (i) materially misleads the public concerning the price at which a product
or like products or goods or services, have been or are, ordinarily sold or
provided, and, for this purpose, a representation as to price shall be deemed
to refer to the price at which the product or goods or services has or have
been sold by sellers or provided by suppliers generally in the relevant market
unless it is clearly specified to be the price at which the product has been
sold or services have been provided by the person by whom or on whose behalf
the representation is made; (j) gives false or misleading facts disparaging the
goods, services or trade of another person. Explanation.—For the purposes of
this sub-clause, a statement that is,— (A) expressed on an article offered or
displayed for sale, or on its wrapper or container; or (B) expressed on
anything attached to, inserted in, or accompanying, an article offered or
displayed for sale, or on anything on which the article is mounted for display
or sale; or (C) contained in or on anything that is sold, sent, delivered,
transmitted or in any other manner whatsoever made available to a member of the
public, shall be deemed to be a statement made to the public by, and only by,
the person who had caused the statement to be so expressed, made or contained;
(ii) permitting the publication of any advertisement, whether in any newspaper
or otherwise, including by way of electronic record, for the sale or supply at
a bargain price of goods or services that are not intended to be offered for
sale or supply at the bargain price, or for a period that is, and in quantities
that are, reasonable, having regard to the nature of the market in which the
business is carried on, the nature and size of business, and the nature of the
advertisement. Explanation.—For the purpose of this sub-clause, "bargain
price" means,— (A) a price that is stated in any advertisement to be a
bargain price, by reference to an ordinary price or otherwise; or (B) a price
that a person who reads, hears or sees the advertisement, would reasonably
understand to be a bargain price having regard to the prices at which the
product advertised or like products are ordinarily sold; (iii) permitting— (a)
the offering of gifts, prizes or other items with the intention of not
providing them as offered or creating impression that something is being given
or offered free of charge when it is fully or partly covered by the amount
charged, in the transaction as a whole; (b) the conduct of any contest,
lottery, game of chance or skill, for the purpose of promoting, directly or
indirectly, the sale, use or supply of any product or any business interest,
except such contest, lottery, game of chance or skill as may be prescribed; (c)
withholding from the participants of any scheme offering gifts, prizes or other
items free of charge on its closure, the information about final results of the
scheme. Explanation.—For the purpose of this sub-clause, the participants of a
scheme shall be deemed to have been informed of the final results of the scheme
where such results are within a reasonable time published, prominently in the
same newspaper in which the scheme was originally advertised; (iv) permitting
the sale or supply of goods intended to be used, or are of a kind likely to be
used by consumers, knowing or having reason to believe that the goods do not
comply with the standards prescribed by the competent authority relating to
performance, composition, contents, design, constructions, finishing or
packaging as are necessary to prevent or reduce the risk of injury to the
person using the goods; (v) permitting the hoarding or destruction of goods, or
refusal to sell the goods or to make them available for sale or to provide any
service, if such hoarding or destruction or refusal raises or tends to raise or
is intended to raise, the cost of those or other similar goods or services;
(vi) manufacturing of spurious goods or offering such goods for sale or
adopting deceptive practices in the provision of services; (vii) not issuing
bill or cash memo or receipt for the goods sold or services rendered in such
manner as may be prescribed; (viii) refusing, after selling goods or rendering
services, to take back or withdraw defective goods or to withdraw or
discontinue deficient services and to refund the consideration thereof, if
paid, within the period stipulated in the bill or cash memo or receipt or in
the absence of such stipulation, within a period of thirty days; (ix)
disclosing to other person any personal information given in confidence by the
consumer unless such disclosure is made in accordance with the provisions of
any law for the time being in force.
17.
That the Complainant is a victim
of such deficiency in services and unfair trade practices adopted by the Opposite
Parties, in the manner as stated aforesaid herein.
18.
That the Complainant has no other
alternative to opt for, resort to the present Consumer complaint before the
Hon’ble District Consumer Disputes Redressal Commision Kolkata Unit -III, to
get relief in terms of her prayer, and to rid out from the deficiency in
services and unfair trade practices, of the Opposite Parties named herein.
19.
That the Complainant states and
submits that the Complainant is a victim of the purported acts and deficiency
in services at the instances of the Opposite
Parties and the acts of the Opposite Parties as well as the facts are well
constitute the deficiency in services and unfair trade practices on the part of
the Opposite Parties.
20.
That the Complainant states and
submits that the Complainant is entitled to get rent being Rs. 4,000/- (Rupees
Four Thousand) only per month commencing from the 28th day of June’
2017 to till placing this application before the Hon’ble Commission which comes
as 91 (Ninety One) months therefore a total sum of Rs. 3,64,000/- (Rupees Three
Lakhs and Sixty Four Thousand) only, is due and payable by the Developer to the
Complainant, with continuing rent payment per month as of Rs. 4,000/- (Rupees
Four Thousand) only, per month, till the delivery of the possession of the
Owner’s allocation, in pursuance of the terms and conditions enshrined in the
Development Agreement dated 9th day of November’ 2015, as well as
subsequent Supplementary Development Agreement dated 28th day of
June’ 2017.
21.
That the Complainant states and
submits that the Opposite Parties shall also pay the compensation due to the
complainant petitioner for the harassment, troubles, physical inconvenience and
mental agony arising directly out of the breach of the services and breach of
duty on the part of the Opposite Parties. The complainant assesses such loss
and damages at Rs. 10,00,000/- (Rupees Ten lakhs) only.
22.
That the Complainant states and
submits that the purported activities of the Opposite Parties established
deficiency in services, which is contrary to the Law.
23.
That the Complainant States and
submits that from all of the statements made above, it is clear that the Opposite
Parties is guilty of deficiency in service as meant for in the Consumer
Protection Act’ 2019.
24.
That the purported acts and deeds
of the Opposite Parties established as of the Unfair Trade Practices and
deficiency in services, as meant in the prescribed provisions of the Consumer
Protection Act’ 2019.
25.
That the cause of action has been
arose for the present application at first while the Opposite Parties allured
the Complainant and entered into a Supplementary Development Agreement
dated 28th day of June’ 2017, while the said supplementary agreement
has assailed the entire terms and conditions of the earlier Development
Agreement with Hena Chakraborty (now deceased), the Development Agreement dated
09-11-2015, gave entitlement of Owner’s allocation as entire First Floor or
flats of the proposed new multi-storied building together with undivided
impartible proportionate share or interest in the land at the said premises,
along with all common parts and service areas along with other flat owners/
occupiers at the said premises, and in addition to that with execution of the
said agreement the developer has paid a sum of Rs. 1,00,000/- (Rupees One Lakh)
only to the Owner, and in all to be treated as Owner’s allocation. It has
pertinently stated that the demolition of the existing structures of the said
premises shall be responsibility of the Developer who shall be entitled to the
salvage materials arising there from. The cost charges and expenses for such
demolition and removal of debris and site clearance will be paid, met and borne
by the developer and the developer shall pay to the owner a sum of Rs. 4,000/-
(Rupees Four Thousand) only per month towards the rent of the temporary
accommodation of the Owner and the said shifting shall effected from the date
of starting demolishing works of the old existing structure till delivery of
possession of the owner’s allocation. The Developer thereby undertakes to
construct the Building diligently and expediously and handover the Owner’s
allocation to the Owner within 24 months from the date of sanction of the
building Plan or obtaining vacant possession of the said premises whatsoever
whichever is later subject to force majeure, whereas the period in pursuing the
completion of the newly proposed building expired on 09-11-2017, after elapse
of the 24 (twenty four) months from the date of the execution of the said
agreement for development of the schedule property. Since the said Smt. Hena
Chakraborty died intestate on 15-04-2016, and the Supplementary Development
Agreement has been entered by and between the Opposite Parties and the
Complainant on 28th day of June’ 2017, therefore the period of 24
(twenty four) months commencing from the 28th day of June’ 2017,
expires on 28th day of June’ 2019, and still the opposite parties
did not commence ant construction work on the schedule land acquired by them
from the complainant, and did not pay any rent as agreed upon being Rs. 4,000/-
(Rupees Four Thousand) only per month to the complainant by the Opposite
Parties, as Such an acts itself is an established cause of unfair trade
practices truly adopted by the Opposite Parties. The Owner’s allocation has not
yet been delivered by the Opposite Parties, the Cause of action truly
continuing day by day till the day placing the present Consumer Complaint
before the Hon’ble District Consumer Disputes Redressal Commission Kolkata Unit
-III.
26.
That the present Consumer
application is valued at Rs. 10,574/- (Rupees Ten Thousand and Five
Hundred Seventy Four) only, as the Complainant has paid said
sum of Rs. 10,574/- (Rupees Ten Thousand and Five
Hundred Seventy Four) only, in preparation of the Development Agreement dated 28th
day of June’ 2017. Therefore the present Consumer
application is well maintainable in the pecuniary jurisdiction of the Hon’ble
District Consumer Disputes Redressal Commission Kolkata Unit –III, in terms of
Section 34 of the Consumer Protection Act’ 2019.
27.
That the subjected land
being the Plot of Bastu land measuring more or less 3 (three) Cottahs 13
(thirteen) Chittacks 9 (nine) sq. ft. more or less together with old two
storied Building total measuring 900 sq. ft. more or less Pacca structural area
(i.e. 400 sq. ft. in the Ground Floor + 500 sq. ft. in the first floor)
standing thereon, lying and situated at Mouza – Purba Barisha, Pargana –
Khaspur, J.L. No. 23, R.S. No. 43, Touzi No. 1-6, 8-10, & 12-16, comprised
in Dag No. 3063, appertaining to Khatian No. 188, within the limits of the
Kolkata Municipal Corporation (S.S.Unit) Ward no. 124, being K.M.C. Premises
No. 618, Vidyasagar Sarani, Police Station – Haridevpur, Kolkata – 700063,
District South 24 Parganas, which comes under the
territorial jurisdiction of the Hon’ble District Consumer Disputes Redressal
Commission Kolkata Unit –III, in terms of Section 34 of the Consumer Protection
Act’ 2019.
28.
That the present Consumer
application is being filed within the period as prescribed under section 69 of
the Consumer Protection Act, 2019.
29.
That the Complainant crave leave
to produce the relevant documents and /or papers at the time of hearing, of the
consumer complaint before the Hon’ble District Consumer Disputes Redressal
Commission Kolkata Unit - III.
30.
That the present Consumer complaint
being made bona-fide and in the interest of administration of justice.
31.
The Complainant prays for the
following relief;
Under the above facts and
circumstances, It is prayed that the Hon’ble District Consumer Disputes
Redressal Commission Kolkata Unit –III, would graciously be pleased to grant
the following relief/s to the complainant;
(a) To
admit the present Consumer Complaint and to issue notice upon the Opposite Parties;
(b) To
direct the Opposite Parties to deliver the physical possession of the
Owner’s Allocation in terms of the Development Agreement dated 28th
day of June’ 2017, to the Complainant;
(c) To
direct the Opposite Parties to give the Completion Certificate (CC) in respect
of the newly constructed premises to the Complainant;
(d) To
appoint the Advocate Commissioner to visit and inspect the Schedule Property of
the Complainant which is the subject matter of the Development Agreement dated
28th day of June’ 2017, as to the construction has ever been
commenced at the said schedule property by the opposite parties or not and the
current status of the schedule property, and to submit the report before the
Hon’ble Commission;
(e) Alternatively,
to direct the Opposite Parties to pay the present market value of the Schedule
Property to the Complainant;
(f)
To grant ad-interim injunction restraining
the Opposite Parties their men and agents, servants, associates in creating any
third party interest on the schedule property of the Complainant, till the
disposal of the present Consumer Complaint;
(g) To
direct the Opposite Parties to pay rent being Rs. 4,000/- (Rupees Four
Thousand) only per month commencing from the 28th day of June’ 2017
to till placing this application before the Hon’ble Commission which comes as
91 (Ninety One) months therefore a total sum of Rs. 3,64,000/- (Rupees Three
Lakhs and Sixty Four Thousand) only, is due and payable by the Developer to the
Complainant, with continuing rent payment per month as of Rs. 4,000/- (Rupees
Four Thousand) only, per month, till the delivery of the possession of the
Owner’s allocation, in pursuance of the terms and conditions enshrined in the
Development Agreement dated 9th day of November’ 2015, as well as subsequent
Supplementary Development Agreement dated 28th day of June’ 2017,
to the Complainant;
(h) To
direct the Opposite Parties to pay compensation, as for the harassment,
troubles, loss of money, physical inconvenience and mental agony, suffered by
the complainant and her family from the purported activities and others by the Opposite
Parties as assessed being Rs. 10,00,000/- (Rupees Ten Lakhs) only to the
complainant;
(i)
To grant the Cost of the present
Consumer Proceeding;
(j)
To grant any other relief to the Complainant
as found out by the Hon’ble District Commission, in the facts and circumstances
of the Consumer Complaint;
(k) And
to pass such other necessary order or orders as the Hon’ble District
Commission, may deem, fit, and proper
for the ends of justice.
And for this act of kindness, the
Petitioner, as in duty bound shall ever pray.
SCHEDULE OF THE PROPERTY
{Property acquired by the
Developer}
ALL THAT piece and parcel of the Plot
of Bastu
land measuring more or less 3 (three) Cottahs 13 (thirteen) Chittacks 9 (nine)
sq. ft. more or less together with old two storied Building total measuring 900
sq. ft. more or less Pacca structural area (i.e. 400 sq. ft. in the Ground
Floor + 500 sq. ft. in the first floor) standing thereon, lying and situated at
Mouza – Purba Barisha, Pargana – Khaspur, J.L. No. 23, R.S. No. 43, Touzi No.
1-6, 8-10, & 12-16, comprised in Dag No. 3063, appertaining to Khatian No.
188, within the limits of the Kolkata Municipal Corporation (S.S.Unit) Ward no.
124, being K.M.C. Premises No. 618, Vidyasagar Sarani, Police Station –
Haridevpur, Kolkata – 700063, District South 24 Parganas, together with all
user and easement rights on path and passages with all other rights, benefits,
privileges, facilities and appurtenances etc., attached therein and thereto,
which is butted and bounded as follows;
ON THE NORTH : Land of Dag No.
3021;
ON THE SOUTH : Plot No. 34;
ON THE EAST : 12’ ft. wide
K.M.C. Road;
ON THE WEST : Land of Dag No. 3015;
|
BEFORE THE
HON’BLE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOLKATA UNIT-III |
|
Tramline
Building ( 1st Floor ) |
|
18, Judges
Court Road, Alipore, Kolkata - 700027 |
Case no.CC/________/2025
In the matter
of :
Smt. Indrani Som,
__________Complainant
-
Versus
–
M/s.
K.H. Enterprise,
______Opposite Parties
AFFIDAVIT
Affidavit
of Smt.
Indrani Som, aged about 68 years, Wife of Late Biplab Som, residing at Premises
being No. 56/2, Rabindra Nath Tagore Road, Nabapally, Post Office Thakurpukur,
Police Station Haridevpur, Kolkata – 700063, presently residing at Premises
being No. 47/5, Beni Master Lane, Ground Floor, Police Station – Parnasree,
Kolkata – 700061, District South 24 Parganas.
I, the above deponent do hereby
solemnly affirm and declare as under :-
1.
That I am being the Complainant, in
the above consumer case, thoroughly conversant with the facts and circumstances
of the present case and am competent to swear this affidavit.
2.
That the facts contained in my
accompanying consumer complaint / application, the contents of which have not
been repeated herein for the sake of brevity may be read as an integral part of
this affidavit and are true and correct to my knowledge.
DEPONENT
Verification
I, the above named deponent do hereby
solemnly verify that the contents of my above affidavit are true and correct to
my knowledge, and no part of it is false and nothing material has been
concealed therein. Verified this ………….the day of …………….2025, at Alipore, South
24 Parganas.
DEPONENT
Identified
by me,
Advocate.
Prepared in my Chamber,
Advocate.
Dated :……………………...……2025.
Place : Alipore, South 24 Parganas.
N O T A R Y
VAKALATNAMA
|
|||
Case no.CC/________/2025
Smt.
Indrani Som, __________Complainant
-
Versus
–
M/s. K.H. Enterprise,
________Opposite
Parties
KNOW ALL MEN by
these presents that I / We, Smt. Indrani Som, aged about 68 years,
Wife of Late Biplab Som, residing at Premises being No. 56/2, Rabindra Nath
Tagore Road, Nabapally, Post Office Thakurpukur, Police Station Haridevpur,
Kolkata – 700063, presently residing at Premises being No. 47/5, Beni Master
Lane, Ground Floor, Police Station – Parnasree, Kolkata – 700061, District
South 24 Parganas, do hereby constitute
and appoint the under mentioned Advocate, Pleader, Vakils, jointly and each of
them severally to be pleader of take such steps and proceedings as may be
necessary on my / our behalf and for that purpose to make sign, verify and
present all necessary petitions, plaints, written statements and other
documents and do nominate and appoint or retain senior counsels, vakil,
advocates and other persons, lodge and deposits moneys and documents and other
papers in the Ld. Court and the same again withdraw and to take out of Court
and to obtain or grant as the case may be effectual receipts and discharge for
the same and for all moneys which may be payable to me / us in the premises. To
enter into compromise with my / our approval and withdraw, all moneys from the
court AND GENERALLY to act in the
premises and proceedings arising there out whether by way of execution, review,
appeal, or otherwise or in any manner contested there with as effectually and
to all intents and purpose as I / We could act if personally present and such
substitution and as pleasure to revoke I / We hereby ratifying and agreeing to
confirm whatever may be lawfully done by virtue hereof.
In witness whereof
this Vakalatnama has been executed by me / us.
This the …………………day of ………………2025.
Shri Ashok Kumar Singh, Advocate, High Court Bar Association Room No. 15, High Court at Calcutta. Mobile number : 9883070666 / 9836829666, E-mail : aksinghadvocate@rediffmail.com
Shri Biplab Some, Advocate. Shr Pritam Das, Advocate. Shri Sanjib Bandyopadhyay, Advocate. Shri Rabindranath Das, Advocate. Sri Madhusudan Sardar, Advocate. Shewetalina Majumdar, Advocate.
very useful
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