|
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
The Consumer application
under Section 35 (1) of the Consumer Protection Act’ 2019;
INDEX
|
Sl. No. |
Particulars’ |
Annexure |
Pages |
|
1 |
List of Date; |
- |
2,
& 3, |
|
2 |
Synopsis of Consumer Complaint |
- |
4,
|
|
3 |
Consumer Complaint under Section 35(1) of the
Consumer Protection Act, 2019; |
- |
1
to |
|
4 |
Photostat
copy of the Development Agreement dated 09-11-2015; |
“A” |
|
|
5 |
Photostat
copy of the Supplementary Development Agreement dated 28th day of
June’ 2017; |
“B” |
|
|
6 |
Photostat
Copy of the Notice dated 26th day of September’ 2024, with the
postal receipts and Postal Track Report; |
“C” |
|
|
7 |
Photostat
Copy of the AADHAR Card of the Consumer Complainant; |
“D” |
|
|
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
LIST OF DATES
|
Sl. No. |
Date |
Particulars’ |
|
01 |
9th
Nov’ 2015 |
Development
Agreement dated 9th November’ 2015, has been entered by and
between One Hena Chakraborty and the Opposite Parties; |
|
02 |
15th April’ 2016 |
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; |
|
03 |
28th June’ 2017 |
Supplementary
Development Agreement has been made by and between the Consumer Complainant
and the Opposite Parties; |
|
04 |
2018 |
No
Construction commenced at the Schedule Premises; |
|
05 |
28th
June’ 2019 |
24
(Twenty Four) months has been elapsed; |
|
06 |
2019 |
No
Construction commenced at the Schedule Premises; |
|
|
|
|
|
07 |
2020 |
No
Construction commenced at the Schedule Premises; |
|
08 |
2021 |
No
Construction commenced at the Schedule Premises; |
|
09 |
2022 |
No
Construction commenced at the Schedule Premises; |
|
10 |
2023 |
No
Construction commenced at the Schedule Premises; |
|
11 |
26th
Sept’ 2024 |
Advocate’s
Letter given by the Consumer Complainant to the Opposite Parties; |
|
12 |
January’
2025 |
Till
this month, the Opposite Party did not deliver the physical possession of the
Owner’s allocation to the Complainant; |
|
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
SYNOPSIS
The
Consumer Complainant is entitled to get delivery of the physical possession of
the
Owner’s Allocation in terms of the Development Agreement dated 28th
day of June’ 2017, with
the Completion Certificate (CC) in respect of the newly constructed premises;
But since no construction has ever been commenced on the schedule premises of
the Consumer Complainant, the Opposite Parties should pay the present market
value of the Schedule Property to the Complainant and 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
disposal of the Consumer Case and further 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, with litigation cost, and any other
relief as found out by the Hon’ble Commission, in the facts and circumstances
of the Consumer Complaint.
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