AMENDED COMPLAINT
Before
the Hon’ble District Consumer Disputes Redressal Commission Kolkata – III (
Kolkata South ), at Alipore, Kolkata 700027
Consumer
Complaint no. of 2021
In
the matter of :
An application under Section 35 of the Consumer
Protection Act’ 2019;
A N D
In the matter
of :
1.
Sri Tapan
Chatterjee,
Son of Late Sri K.L. Chatterjee, residing at premises being no. 19/4/1, Sahapur
Colony ( W ), Post Office & Police Station – New Alipore, Kolkata – 700053,
West Bengal.
2.
Smt.
Chandralekha Chatterjee, Wife of Sri Tapan Chatterjee, residing at
premises being no. 19/4/1, Sahapur Colony ( W ), Post Office & Police
Station – New Alipore, Kolkata – 700053, West Bengal.
___Complainants
-
Versus
–
1.
M/s. Jai Maa
Construction
Company, a proprietorship firm, having it’s office at premises being no.
16/7/2, Sahapur Colony ( East ), Police Station New Alipore, Kolkata – 700053.
2.
Sri Sanjit
Thakurata,
Son of Late Birendra Kumar Thakurata, proprietor of M/s. Jai Maa Construction Company,
having it’s office at premises being no. 16/7/2, Sahapur Colony ( East ),
Police Station New Alipore, Kolkata – 700053.
3.
Smt. Sujata
Karmakar, Wife
of Late Santosh Karmakar, residing at premises being no. 19/4, Sahapur Colony
(W), Police Station – New Alipore, Kolkata – 700053.
4.
Smt. Anjali
Karmakar,
Daughter of Late Kanai Lal Karmakar, residing at premises being no. 19/4,
Sahapur Colony ( W ), Police Station – New Alipore, Kolkata – 700053.
5.
Sri Shyamal
Karmakar,
Son of Late Jitendra Nath Karmakar, residing at premises being no. 19/4/1,
Sahapur Colony (W), Police Station New Alipore, Kolkata – 700053.
____Respondents
Consumer
application valued at Rs. 14,00,000/- only.
To,
The
Hon’ble President of the Hon’ble District Consumer Disputes Redressal
Commission Kolkata – III ( Kolkata South ), and His Companion Hon’ble Members
The humble
petition under provision of Section 35 of the Consumer Protection Act’ 2019, of
the above named Complainants, most respectfully;
Sheweth as
under :
1. That the
Complainants are peace loving and law abiding Citizen of this Country. The
complainants are residing at the address as given in the cause title of this
application under Section 35 of the Consumer Protection Act’ 2019.
2. That the
Complainant no. 1, is a professional Consultant and the Complainant no. 2, is
wife of the Complainant no. 1, herein. The Complainant were residing at
premises being no. 86C, Madurai Minakshi Nagar, Valasara Vakkam, Chennai –
600087. The Complainant was in search of a suitable flat accommodation in the
vicinity New Alipore, Kolkata, and intended to purchase in the name of his wife
Smt. Chandralekha Chatterjee, being the Complainant no.2, herein.
3. That the
Respondent nos. 1 & 2 are the Developer. The Respondent no. 1, is a proprietorship
firm, represented by its Proprietor being the Respondent no. 2 herein. The Owners namely (1) Sri Santosh Karmakar,
and (2) Smt. Anjali Karmakar, & (3) Sri Shyamal Karmakar, have decided that
they will develop their property by raising building thereon after demolishing
their existing structure but as they have no knowledge in such field,
approached to the Respondents, being the Developer herein to execute the said
development work on their premises, and considering such proposal of the owners
of the premises, the developer being the respondents herein had decided to
develop their property as per the approved building plan sanctioned by the
authority concerned at their own cost and imitative thereof.
4. That with a
view to construct a new Five ( Ground plus Four ) Storied building, the Owners
herein entered into a Development Agreement with the Developer herein over the
plot of land measuring more or less 2 Cottahs 13 Chittacks 36 Sft., lying and
situate at S.P. Plot No. 30 & 30/1, having its postal address 18/4 &
19/4/1, respectively, Sahapur Colony ( West ), part of premises No. 23A,
Diamond Harbour Road, Police Station – New Alipore, Kolkata – 700053, and
according to the said Development Agreement, the Developer herein has started
the said constructuin work of a Five storied building over the aforesaid landed
property at his own costs and expenses.
5. The Developer
herein being the Respondent nos. 1, & 2, herein from out of his allocation has
agreed to sell, transfer and convey a proposed residential Flat on the First
Floor at North-Western side measuring super built up area more or less 1000 Sq.
ft. ( approx ) ( including 25% super built up area ) of the proposed building
together with the undivided proportionate share of land including all common
facilities and common amenities belonging to the proposed Building as well as
belonging to the said premises including the lift facility of the said building
to the Purchaser herein and on coming to know the same, the Complainants herein
agreed to purchase the said flat of the said building premises morefully
described in the Second Schedule at a total consideration price od Rs.
14,00,000/- ( Rupees Fourteen Lacs ) only approx ( @ Rs. 1,400/- per square
feet ), thereof.
6. The Developer
being the Respondent nos. 1, & 2, herein and the Owners being the
Respondent nos. 4, 5, & 6, herein entered into an agreement for sale with
the Complainants herein, vide the Agreement for Sale dated 10-08-2008, which contained
the following covenants :
a)
At Page number 4, paragraph number 1 – That
the Developer hereby sale, transfer and convey and the Purchaser herein shall
purchase the said Flat on the First Floor at North – Western side measuring
super built up area more or less 1000 Sq. Ft. ( approx ) of the said new Five
Storied building morefully described in the Second Schedule below together with
undivided proportionate share of land of the said premises including all common
facilities and amenities of the new proposed building and the said premises at
and for the consideration of Rs. 14,00,000/- ( Rupees Fourteen Lakhs ) only.
b)
At
the Page number 5 – paragraph number 2 – That the Purchaser has this day paid
to the Developer a sum of Rs. 10,00,000/- ( Rupees Ten Lakhs ) only, as and by
way of earnest money and / or part payment the receipt whereof the developer
doth hereby as well as by the receipt hereunder written admit and acknowledge.
The Purchasers shall pay the balance consideration money Rs. 14,00,000/- ( Rupees
Fourteen Lakhs ) only to the Developer in the following manner :
A)
On
or before July’ 2008 Rs.
2,00,000/-
B)
At
the time of Delivery of Possession on August’ 2008 Rs. 2,00,000/-
Total Rs. 4,00,000/-
c)
At
the page number 5 – paragraph number 4 – That at the time of delivery of
possession of the said flat, if the super built up area of the aforesaid flat
is less than 1000 sft. According to the physical measurement, then the
proportionate amount will be less from sale price od RS. 14,00,000/- ( Rupees
Fourteen Lacs ) only on the other hand if the area becomes more, the Purchaser
shall pay more as per agreed rate per Square Feet.
d)
At
page number 6 – paragraph number 6 – In case the Purchaser desire for any extra
or additional work to be made or carried in respect of the said flat apart from
the Specification below, then the same shall have to be informed to the
Developer in writing and the additional costs for such extra or additional work
shall have to be paid by the Purchaser to the Developer.
e)
At
page number 9 – THE SECOND SCHEDULE ABOVE REFERRED TO :
ALL THAT piece and parcel of a
proposed residential Flat on the First Floor at North – Western side measuring
super built up areas more or less 1000 Sq. ft. ( approx ) ( including 25% super
built up area ) consisting of 2 Bed Rooms, 1 Drawing cum Dinning space, 1
Kitchen, 2 Toilets, 2 Varandah of the proposed Five Storied building together
with undivided proportionate share, right, title, interest, possession of the
said land of the said premises including all easement rights and all rights of
ingress and egress, including the lift facility of the said building at the
said scheduled property, hereby agreed to sell and transfer by the Developer to
the Purchasers or to the nominees of the Purchaser of this Deed of Agreement
for Sale.
7. That the Complainant paid the consideration value
of the said subjected flat to the Developer herein, in the followings :
a)
01-02-2008
– Rs. 20,000/- ( Rupees Twenty Thousand ) only,
b)
23-05-2008
– Rs. 9,80,000/- ( Rupees Nine Lakhs and Eighty Thousand ) only,
c)
01-08-2008
– Rs. 1,00,000/- ( Rupees One Lakh ) only,
d)
08-08-2008
– Rs. 1,00,000/- ( Rupees One Lakh ) only,
e)
01-12-2009
– Rs. 1,60,000/- ( Rupees One Lakh and Sixty Thousand ) only.
f)
02-03-2019
– Rs. 20,000/- ( Rupees Twenty Thousand ) only,
g)
04-01-2020
– Rs. 1,00,000/- ( Rupees One Lakh ) only,
h)
13-01-2020
– Rs. 1,50,000/- ( Rupees One Lakh and Fifty Thousand ) only,
i)
15-02-2020
– Rs. 1,00,000/- ( Rupees One Lakh ) only,
j)
19-02-2020
– Rs. 20,000/- ( Rupees Twenty Thousand ) only.
Totaling a sum
of Rs. 17,50,000/- ( Rupees Seventeen Lakhs and Fifty Thousand ) only.
The Developer
issued money receipts and acknowledged thereof in favour of the Complainant
herein. The payment of Rs. 1,60,000/- ( Rupees One Lakh and Sixty Thousand ) only,
made on 01-12-2009, through NEFT Banking only.
The
Consideration value of the Flat as of Rs. 14,00,000/- ( Rupees Fourteen Lakhs )
only, has been paid by the Complainants, and the further sum of Rs. 3,50,000/-
( Rupees Three Lakhs and Fifty Thousand ) only, has paid by the complainants to
the Developer for the execution and registration of Deed of Conveyance towards
Stamp Duty, etc.
8. That the
Complainants state and submits that the Complainant paid the substantial money
of the consideration value of the subjected flat, in the followings :
a)
01-02-2008
– Rs. 20,000/- ( Rupees Twenty Thousand ) only,
b)
23-05-2008
– Rs. 9,80,000/- ( Rupees Nine Lakhs and Eighty Thousand ) only,
c)
01-08-2008
– Rs. 1,00,000/- ( Rupees One Lakh ) only,
d)
08-08-2008
– Rs. 1,00,000/- ( Rupees One Lakh ) only,
e)
01-12-2009
– Rs. 1,60,000/- ( Rupees One Lakh and Sixty Thousand ) only.
Totaling being
sum of Rs. 13,60,000/- ( Rupees Thirteen Lakhs and Sixty Thousand ) only, has
been paid out of the total consideration money as of Rs. 14,00,000/- ( Rupees
Fourteen Lakhs ) only, uptill in the year 2009.
9. That the
Complainants beg to state that the Developer herein handed over the Physical
possession of the said subjected flat in the year 2009, and since then the
complainants residing and staying in the said subjected flat. It is pertinent
to state that only a sum of Rs. 40,000/- ( Rupees Forty Thousand ) only, was
due in the year 2009.
10.
That
the Complainant beg to state and submits that Since the year 2009, they off and
on continuously approached the Developer on their several visit and over phone
for causing registration of the Deed of Conveyance in favour of the
Complainants in respect of the subjected flat, in terms of the Agreement for
Sale dated 10-08-2008, but all in vain at the behest of the Developer.
11.
That
in the year 2019, the developer asked the balance consideration money and
showed his desire for registration of deed of conveyance in favour of the
complainants. The complainant therefore immediately made payment Rs. 20,000/- (
Rupees Twenty Thousand ) only, on 02-03-2019.
12.
That
thereafter the Developer herein provided a draft copy of Deed of Conveyance for
approval, which on receipt thereof your complainant duly verified and
acknowledge to the developer herein. The developer asked for the money for
Stamp duty and registration charges and other misc. charges for the Law
Professional amounted to Rs. 3,50,000/- ( Rupees Three Lakhs and Fifty Thousand
) only.
13.
That
the Complainant therefore paid such money to the developer in the following,
including the balance money of the consideration values, as of Rs. 20,000/- (
Rupees Twenty Thousand ) only :
a)
04-01-2020
– Rs. 1,00,000/- ( Rupees One Lakh ) only,
b)
13-01-2020
– Rs. 1,50,000/- ( Rupees One Lakh and Fifty Thousand ) only,
c)
15-02-2020
– Rs. 1,00,000/- ( Rupees One Lakh ) only,
d)
19-02-2020
– Rs. 20,000/- ( Rupees Twenty Thousand ) only.
14.
That
the Complainant paid a total sum of money as of Rs. 17,50,000/- ( Rupees
Seventeen Lakhs and Fifty Thousand ) only, which describe as Rs. 14,00,000/-
towards consideration value of the subjected flat and the rest money being Rs.
3,50,000/- towards the Stamp duty, registration charges, and other misc.
charges for the registration of deed of conveyance. The Developer taken all
such money as asked for though did not proceed with the registration of Deed of
Conveyance, and did not respond.
15.
Since
the month of March’ 2020, the pandemic
COVID-19 spread out and therefore National Lock Down has been announced
and observed for Several months, in the year 2020. The Complainants headed
their Life at the kindness of the Government during such period of pandemic.
16.
That
while substantial period across, your complainants understand that the Developer
is not listening to their needs. The complainants ventilate their grievances
through their Learned Advocate Rabindra Nath Das. The Complainant served one
Letter dated 18-11-2020, upon the developer, which has duly been received by
the developer.
17.
That
the developer herein replied the said letter dated 18-11-2020, through his
Learned Advocate’s letter dated -01-12-2020, and thereby denied the entire
facts of the complainants herein, and breed up with a new story as the
measurement of the said subjected flat has enhanced from the agreed
measurement, the consideration value hike by the extent of Rs. 3,50,000/- (
Rupees Three Lakhs and Fifty Thousand ) only, which the developer asked from
the complainant and duly recovered by him on account of enhanced measurement of
the said subjected flat, and the said money has never been asked towards the
registration of deed of conveyance in respect of the subjected flat. The
complainants astonished to such contention of the developer in his reply dated
01-12-2020, and subsequently realized that how come in a very twisting aspect
the developer herein trying to extort money from the complainants.
18.
That
in such an awakened circumstances, your complainant keep patience themselves,
and for sake of their true satisfaction your complainant arranged one Engineer
Surveyor to visit the said subjected flat and to take actual measurement of the
said subjected flat. The Engineer Surveyor taken the measurement of the said
subjected flat of the complainant and found the measurement as AREA OF FLAT is
633.4 Sq. ft. Built Up area. Therefore the area of the flat is much less than
the agreed area in terms of the agreement for sale dated 10-08-2008. In view of
such facts your complainant is entitle to get refund of money which exceeded
from the agreed value for the prescribed measurement as @ Rs. 1,400/- per Sq.
ft. and immediate registration of the deed of conveyance of the said subjected
flat, in favour of the complainants.
19.
That
the Complainants seek to get the followings :
a)
The
adjustment of the consideration values being as @ Rs. 1,400/- per Sq. ft. with
the actual measurement of the said subjected flat.
b)
The
Completion Certificate of the Building issued by the Kolkata Municipal
Corporation.
c)
The
Registration of the Deed of Conveyance in respect of the said subjected flat.
d)
And
the refund of the rest money after adjustment of registration expenses,
thereof.
20.
That
the described acts and omissions of the respondents as stated in the foregoing
paragraphs are well established their unfair trade practices, and deficiency in
services, in terms of the provisions of the Consumer Protection Act’ 2019.
21.
That the Petitioners state and
submit that the Petitioners are victim
of the purported acts and deficiency in services at the instances of the
respondents and the acts of the respondents as well as the facts are well
constitute the deficiency in services and unfair trade practices on the part of
the respondents.
22.
That the Petitioners states and
submits that the purported activities of the respondents established deficiency
in services, which is contrary to the Law.
23.
That the Petitioners State and
submit that from all of the statements made above, it is clear that the
respondents are guilty of deficiency in service as meant for in the Consumer
Protection Act’ 2019.
24.
That the Petitioners state and
submit that the respondents shall also pay the compensation due to the
petitioners for the harassment, troubles, physical inconvenience and mental
agony arising directly out of the breach of the agreement and breach of duty on
the part of the respondents. The petitioners assesses such loss and damages as
of Rs. 5,00,000/- ( Rupees Five lakhs
) only.
25.
That the cause of action arose
at first while the Developer and the Owners entered into an Agreement for Sale
dated 10-08-2008, and subsequently on receiving payment on several dates and in
the year 2009, while the delivery of physical possession has been given by the
developer to the complainant, and thereafter on several dates and occasions,
while the complainants visited the developer office and residences with a
request for causing registration of deed of conveyance in respect of the
subjected flat in terms of the Agreement for Sale dated 10-08-2008, and on
several dates while the developer received money for registration of deed of
conveyance and all other communication verbal as well as written including the
written reply of the developer vide letter dated 01-12-2020, and the same is
continuing day by day and awaiting the fulfillment of the terms and
performances of the Agreement for Sale dated 10-08-2008, and the respondents /
opposite parties having registered office and are residing as given in the
cause title of this application, which is within the jurisdiction of the
Hon’ble District Commission.
26.
That
the Petitioners enclosing herewith the documents / papers relied on by them,
with this application, as follows :
a)
Agreement
for Sale dated 10-08-2008;
b)
Money
Receipts;
c)
Draft
copy of Deed of Conveyance;
d)
Query
report for registration;
e)
Letter
dated 18-11-2020;
f)
Reply
Letter dated 01-12-2020;
g)
Sketch
map being measurement of the subjected flat;
h)
Reply
of the Complainants dated 04-12-2020, with Postal receipts and track reports;
27.
That the instant application /
Petition, is within the jurisdiction of this Hon’ble Consumer Disputes
Redressal Commission, Kolkata – III ( Kolkata Sout ), at Alipore, Kolkata -
700027.
28.
That the present complaint is
being filed within the period as prescribed under section 69 of the Consumer
Protection Act’ 2019.
29.
That your Petitioners crave
leave to produce the relevant documents and / or papers at the time of hearing
or evidence, before the Hon’ble Commission.
30.
That the present complaint
being made bona-fide and in the interest of justice.
31.
The Petitioners therefore
prayed for :
Under
the above facts and circumstances, It is prayed that your Honour would
graciously be pleased to grant the following prayers / relief :-
a)
To appoint the Engineer passed Survey
Commissioner as to take the actual measurement of the subjected flat in terms
of the Agreement for Sale dated 10-08-2008, in the interest of administration
of Justice;
b)
To find the consideration value
of the said subjected flat in terms of the Agreement for Sale dated 10-08-2008, on being actual measurement
obtained from the Engineer passed Survey Commissioner, in the interest of
administration of Justice;
c)
To direct the respondents /
opposite parties to give / provide Completion Certificate of the Building
issued by KMC, to the Complainants, in the interest of administration of
Justice;
d)
To direct the respondents to register the Deed of Conveyance in respect of
the said subjected flat in terms of the Agreement for Sale dated 10-08-2008, on
actual physical measurement of the said subjected flat obtained from the
Engineer passed surveyor commissioner, in favour of the Complainants, in the
interest of administration of Justice;
e)
To direct the Respondents /
Opposite Parties to refund the rest of money after adjustment of expenses of
registration of deed of conveyance lying with the developer herein to the
complainants with appropriate banking rate of interest thereon;
f)
To direct the Respondents /
Opposite Parties to pay compensation, as for the harassment, troubles, loss of
business, physical inconvenience and mental agony, suffered by the petitioners
from the purported activities and others by the respondents as assessed as Rs.
5,00,000/- ( Rupees Five Lakhs ) only to your petitioners;
g)
To grant the cost of the proceedings ;
h)
To grant any other relief or alternate relief
to the applicants / petitioners as found out by your Honour, in the facts and
circumstances of the Complaint.
And
to pass such other necessary order or orders as your Honour , 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
THE SECOND SCHEDULE ABOVE REFERRED TO
:
ALL THAT piece and parcel of a
proposed residential Flat on the First Floor at North – Western side measuring
super built up areas more or less 1000 Sq. ft. ( approx ) ( including 25% super
built up area ) consisting of 2 Bed Rooms, 1 Drawing cum Dinning space, 1
Kitchen, 2 Toilets, 2 Varandah of the proposed Five Storied building together
with undivided proportionate share, right, title, interest, possession of the
said land of the said premises including all easement rights and all rights of
ingress and egress, including the lift facility of the said building at the
said scheduled property, hereby agreed to sell and transfer by the Developer to
the Purchasers or to the nominees of the Purchaser of this Deed of Agreement
for Sale.
Verification
I, Sri Tapan
Chatterjee, being the Petitioner no.1, herein,
do hereby declare that the forgoing paragraphs no.________to ________are true
to the best of my knowledge and rest prayers portions are my humble submission
before the Hon’ble Commission and I duly sign and verify this application on
_____________2025, at the Alipore, South 24 -Parganas.
Sri Tapan
Chatterjee
Identified
by me,
Advocate.
Prepared in my Chamber,
Advocate.
Dated : ____________2025.
Place : Alipore, South 24
Parganas.
Verification
I, Smt. Chandralekha
Chatterjee, being the Petitioner no.2, herein,
do hereby declare that the forgoing paragraphs no.________to ________are true
to the best of my knowledge and rest prayers portions are my humble submission
before the Hon’ble Commission and I duly sign and verify this application on
_____________2025, at the Alipore, South 24 -Parganas.
Smt.
Chandralekha Chatterjee
Identified
by me,
Advocate.
Prepared in my Chamber,
Advocate.
Dated : ____________2021.
Place : Alipore, South 24
Parganas.
Before the Hon’ble Consumer Dispute Redressal
Commission, Kolkata - III
Alipore Judges’ Court, Alipore, South 24
Parganas, Kolkata - 700027
Consumer Complaint no. _______of 2021.
In the matter of
:-
Sri
Tapan Chatterjee, &
another,
……. Petitioners.
-
Versus –
M/s. Jai Maa
Construction, Company, and others,
………Respondents.
AFFIDAVIT
Affidavit of Sri Tapan
Chatterjee, Son of Late Sri K.L. Chatterjee, aged about ____years, by faith Hindu,
by Occupation _______, and Smt. Chandralekha Chatterjee, Wife of Sri Tapan
Chatterjee, aged about _____years, by faith Hindu, by Occupation ________, both
are residing at premises being no. 19/4/1, Sahapur Colony ( W ), Post Office
& Police Station – New Alipore, Kolkata – 700053, West Bengal.
We, the above deponents do
hereby solemnly affirm and declare as under :-
1 : That We are the Complainant
/ Petitioner, and thoroughly conversant with the facts and circumstances of the
present case and am competent to swear this affidavit.
2 : That the facts contained in
our accompanying 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 our knowledge.
DEPONENTS
Verification
We, the above named deponent do
hereby solemnly verify that the contents of our above affidavit are true and
correct to our knowledge, and no part of it is false and nothing material has
been concealed therein.
Verified this ………….the day of …………….2025,
at the Alipore, South 24 Parganas.
DEPONENTS
Identified
by me,
Advocate.
Prepared in my Chamber,
Advocate.
Dated :……………………………2025.
Place : Alipore, South 24
Parganas.
N O T A R Y
No comments:
Post a Comment