Before the
Hon’ble District Consumer Disputes Redressal Commission, Kolkata Unit-III
Tramline
Building (First Floor)
18, Judges’ Court Road, Alipore, Kolkata – 700027
CONSUMER COMPLAINT NO. ____ OF 2026
(Under Section 35 of the Consumer
Protection Act, 2019)
IN THE MATTER OF;
Mr. Subrata Das, Son of Radharaman Das, aged about ______years, Residing
at Premises No. 44/P/3, Hemanta Mukherjee Road, P.O. – Parnasree,
P.S. – Parnasree (formerly Behala),
Kolkata – 700060, District – South 24 Parganas, West Bengal.
… Complainant
- Versus -
1. M/s. MIK Developer, a Proprietorship Firm, Having its
office at Premises No. 90, Santosh Roy Road, P.O. – Barisha, P.S. – Haridevpur
(formerly Thakurpukur), Kolkata – 700008, District – South 24 Parganas.
Represented by its Proprietor Sri
Soumen Chakraborty,
Son of Sri Ashok Chakraborty,
Permanent Address: Premises No. 90, Santosh Roy Road, P.O. – Barisha, P.S. –
Haridevpur (formerly Thakurpukur), Kolkata – 700008, District – South 24
Parganas,
Presently residing at C/o Moumita Gain, Premises No. 4/49, Rajendra Prasad
Colony, P.O. – Tollygunge, P.S. – Golf Green, Kolkata – 700033, District –
South 24 Parganas.
… Opposite Party No. 1
(Developer)
2. Sri Somenath Bhattacharjee, Son of Late Shib Prasad Bhattacharjee,
residing at Premises No. 327, Diamond Harbour Road, P.O. & P.S. – Behala,
Kolkata – 700034, District – South 24 Parganas, West Bengal.
3. Sri Debjyoti Bhattacharjee, Son of Late Siba Prasad Bhattacharjee,
residing at Premises No. 327, Diamond Harbour Road, P.O. & P.S. – Behala,
Kolkata – 700034, District – South 24 Parganas, West Bengal.
… Opposite Party Nos. 2 & 3
(Land Owners)
CONSUMER
COMPLAINT UNDER SECTION 35 OF THE CONSUMER PROTECTION ACT, 2019;
The
Consumer Complainant most respectfully submits as follows;
MOST RESPECTFULLY SHOWETH;
1. That the
Complainant is law‑abiding citizens of India residing at the addresses
mentioned above. The
Complainant is a consumer within the meaning of Section 2(7) of the Consumer
Protection Act, 2019, having purchased a residential flat for valuable
consideration for personal residential use.
2. That the Opposite
Party No. 1 is a developer engaged in construction and sale of residential
flats and is a service provider under the Act, 2019. The Opposite Party Nos. 2
and 3 are landowners who jointly developed the property with Opposite Party No.
1 and are jointly and severally liable for the acts complained hereof.
3. That the Opposite
Party Nos. 2 and 3 entered into a Development
Agreement with Opposite Party No. 1, M/s. MIK Developer, which was duly
registered as Being No. 160700510 of
the year 2017, and also executed a Power of Attorney in favour of Sri Soumen Chakraborty, Proprietor of Opposite Party No. 1. By
virtue of the said Development Agreement and Power of Attorney, Opposite Party
No. 1 became legally entitled to sell the developer’s allocation of flats in
the said project.
4. That on 14.06.2024, the Complainant lawfully purchased from
Opposite Party No. 1 one self-contained residential
flat being Flat No. C-6, situated on the 3rd Floor (North-East side), with marble flooring,
measuring about 750 sq. ft. Super Built-up Area,
equivalent to 577 sq. ft. Carpet Area,
in a G+III storied building lying
and situated at Premises No. 367, Ho-Chi-Minh Sarani,
within Ward No. 128 under Kolkata Municipal Corporation, P.S. – Parnasree
(formerly Behala), Kolkata – 700061, District – South 24 Parganas, together
with proportionate undivided share in land and common areas.
5. That the total consideration
for the said flat was Rs. 12,00,000/- (Rupees Twelve
Lakhs only), which was fully paid by the Complainant to
Opposite Party No. 1.
6. That pursuant thereto, a Deed of Conveyance dated 14.06.2024 was executed and duly
registered in Book-I, Volume No. 1604-2024,
Pages 230477 to 230503, Being No. 160406673 of the year 2024,
before the Office of the District Sub-Registrar, D.S.R.-IV, South 24-Parganas,
West Bengal.
Photostat
Copy of the said Deed of Conveyance dated
14.06.2024 was executed and duly registered in Book-I, Volume No. 1604-2024, Pages 230477 to 230503, Being No. 160406673
of the year 2024, is annexed herewith and marked as Annexure – “A”.
7. That despite execution and
registration of the said Deed of Conveyance and receipt of the entire
consideration amount, the Opposite Parties have failed
and neglected to hand over vacant and peaceful physical possession of the said
flat to the Complainant till date.
8. That the Complainant has
repeatedly approached the Opposite Parties requesting delivery of possession.
On several occasions, Opposite Party No. 1 assured that possession would be
handed over shortly; however, even after lapse of more than one year, possession has been deliberately withheld.
9. That such non-delivery of
possession amounts to deficiency in service
and unfair trade practice as
defined under Sections 2(11) and 2(47) of the Consumer Protection Act, 2019.
10.
That
the acts and omissions of the Opposite Parties have caused severe mental agony,
harassment, and financial loss to the Complainant, who has been unlawfully
deprived of enjoyment of his own property.
11.
That this Hon’ble Commission has
the territorial jurisdiction to entertain, try and adjudicate the present
complaint inasmuch as the subject-matter of the complaint, namely the
residential flat in question, is situated within the territorial limits of
Kolkata under the jurisdiction of Parnasree Police Station. Further, the
Opposite Party No. 1 carries on business and has its office within the
jurisdiction of Haridevpur Police Station, and the Opposite Parties also reside
within the jurisdiction of Golf Green Police Station, all of which fall well
within the territorial jurisdiction of this Hon’ble Commission.
12.
That this Hon’ble Commission also
has the pecuniary jurisdiction to entertain the present complaint, as the value
of the consideration paid by the Complainant for purchase of the said flat is
Rs. 12,00,000/- (Rupees Twelve Lakhs only), which is well within the pecuniary
limits prescribed under the Consumer Protection Act, 2019, read with the rules
framed thereunder.
13.
That
the cause of action for the present complaint first arose on 14.06.2024, when
the Deed of Conveyance in respect of the subject flat was executed and
registered in favour of the Complainant after receipt of the entire consideration
amount, but the Opposite Parties failed and neglected to hand over physical
possession of the said flat. The cause of action further arose on each and
every subsequent date when the Complainant repeatedly requested and demanded
delivery of possession, but the Opposite Parties deliberately avoided and
refused the same. The cause of action is continuous and recurring in nature and
is subsisting day by day till date, as the physical possession of the subject
flat has not yet been delivered to the Complainant, causing continuous mental
agony, harassment, and financial as well as social hardship to the Complainant.
14.
That the Complainant is
constrained to seek compensation to the tune of Rs. 6,00,000/- (Rupees Six
Lakhs only) for the immense mental agony, continuous harassment, acute
hardship, and severe inconvenience suffered by him on account of the
deliberate, illegal, and willful failure of the Opposite Party No. 1, in
connivance with the other Opposite Parties, to hand over vacant and peaceful
physical possession of the subject flat, despite execution and due registration
of the Deed of Conveyance in favour of the Complainant and receipt of the
entire sale consideration.
15.
That the Complainant has been
subjected to prolonged suffering and uncertainty due to the continued
non-delivery of possession for an inordinate period of time, which has caused
serious disruption to his normal life and has deprived him of the basic dignity
of having a settled residence of his own. The hardship suffered by the Complainant
is further aggravated by his meagre earnings, as he has been compelled to
reside with his family members under constrained circumstances, facing daily
inconvenience, humiliation, and mental distress.
16.
That the acts and omissions of
the Opposite Parties squarely constitute deficiency in service and unfair trade
practice, and have forced the Complainant to initiate the present proceedings.
The Complainant, therefore, also seeks an award of costs of litigation and
incidental expenses incurred in pursuing the present complaint, as the same has
become inevitable solely due to the unlawful acts, negligence, and persistent
inaction on the part of the Opposite Parties.
17.
That
the Opposite Party No. 1, M/s. MIK Developer, represented by its proprietor
Soumen Chakraborty, is a habitual offender indulging in unfair trade practices,
as is evident from the records of this Hon’ble Commission, wherein several
consumer cases have already been decided against the said developer, and many
other cases are still pending adjudication before this Hon’ble Commission. It
is further submitted that Arrest Warrants have been issued against the said
developer Soumen Chakraborty in several execution proceedings pending before
this Hon’ble Commission, which clearly demonstrates his deliberate defiance of
lawful orders and his intent to evade legal obligations.
18.
In
view of the aforesaid conduct, the Consumer Complainant reasonably apprehends
that the Opposite Party No. 1 has deliberately fled from his duty to deliver
physical possession of the subject flat and is intentionally evading service of
notice and lawful process. It is pertinent to state that the said developer
Soumen Chakraborty is presently hiding at his in-laws’ residence situated at
C/o Moumita Gain, Premises No. 4/49, Rajendra Prasad Colony, P.O. – Tollygunge,
P.S. – Golf Green, Kolkata – 700033. Communications sent to his office address
and residential address have returned unserved due to his continued absence;
however, communications sent to the aforesaid in-laws’ address have been duly
served upon him by the Postal Authority, which clearly establishes that the
said Opposite Party No. 1 is deliberately concealing himself and is presently
residing at the said address to evade his legal responsibilities.
19.
That
prior to approaching this Hon’ble Commission, the Consumer Complainant, through
his Learned Advocate, caused a legal notice to be issued to the Developer as
well as the Land Owners by way of a letter dated 27th day of January, 2026,
calling upon them to discharge their contractual and statutory obligations and
to hand over physical possession of the subject flat along with all
consequential reliefs. The said legal notice was duly served upon the Developer
and the Land Owners; however, despite valid service thereof, none of the
noticees have chosen to respond to the said legal notice, nor have they cared
to send any reply or take any remedial steps whatsoever till date. Such
deliberate silence, inaction, and utter disregard to the lawful demand of the
Consumer Complainant clearly demonstrate their mala fide intention and
non-cooperative attitude, thereby leaving the Complainant with no other
efficacious alternative but to invoke the jurisdiction of this Hon’ble
Commission under compelling circumstances to seek appropriate reliefs as prayed
for herein.
Photostat
Copy of the Legal Notice
dated
27th day of January, 2026, postal receipts, and postal track reports are
annexed herewith collectively and marked as Annexure – “B”.
20.
That the value of the consumer
complaint for the purpose of jurisdiction is as Value of the subject flat
(consideration paid): Rs. 12,00,000/-. The said valuation squarely falls within
the pecuniary jurisdiction of this Hon’ble District Consumer Disputes Redressal
Commission as prescribed under Section 34 of the Consumer Protection Act, 2019.
The requisite court fee has been paid accordingly.
21.
That
the Consumer Complainant, having lawfully purchased the subject residential
flat and having paid the entire consideration amount, most respectfully seeks
delivery of peaceful, vacant, and lawful physical possession of the subject one self-contained residential flat being Flat No. C-6,
situated on the 3rd Floor (North-East side),
with marble flooring, measuring about 750 sq. ft. Super Built-up Area,
equivalent to 577 sq. ft. Carpet Area,
in a G+III storied building lying
and situated at Premises No. 367, Ho-Chi-Minh
Sarani, within Ward No. 128 under Kolkata Municipal
Corporation, P.S. – Parnasree (formerly Behala), Kolkata – 700061, District –
South 24 Parganas, together with proportionate undivided share in land and
common areas. The Complainant further seeks compensation to the tune of Rs.
6,00,000/- (Rupees Six Lakhs only) towards the immense trouble, harassment, and
continuous suffering endured by him due to non-delivery of possession for a
prolonged period, particularly considering his meager earning and the acute
difficulties and indignities faced while being compelled to stay with his
family members without a settled residence of his own. The Complainant also
seeks award of the costs of litigation and incidental expenses incurred in
pursuing the present proceedings, as the same has become inevitable solely due
to the unlawful acts, omissions, and negligence of the Opposite Parties.
22.
That
the present consumer complaint is filed by the Complainant in a bona fide
manner and in the true spirit of the Consumer Protection Act, 2019, solely for
the purpose of securing lawful reliefs arising out of the deficiency in service
and unfair trade practices committed by the Opposite Parties. The Complainant
has not suppressed any material fact nor has he approached this Hon’ble
Commission with any ulterior motive, malice, or intention to harass the
Opposite Parties. The complaint has been instituted in good faith, in the
interest of justice, equity, and fair play, and to uphold the administration of
justice, as the Complainant has been left with no other efficacious or
alternative remedy except to invoke the jurisdiction of this Hon’ble Commission
for redressal of his genuine and continuing grievances.
In the facts and
circumstances stated hereinabove, the Consumer Complainant most respectfully
prays that this Hon’ble Commission may graciously be pleased to;
a) Direct the Opposite Parties jointly and
severally to hand over peaceful, vacant, and lawful physical possession of one self-contained residential flat being Flat No. C-6, situated on
the 3rd Floor (North-East side), with marble flooring,
measuring about 750 sq. ft. Super Built-up Area,
equivalent to 577 sq. ft. Carpet Area,
in a G+III storied building lying and situated at Premises
No. 367, Ho-Chi-Minh Sarani, within Ward No. 128 under Kolkata
Municipal Corporation, P.S. – Parnasree (formerly Behala), Kolkata – 700061,
District – South 24 Parganas, together with proportionate undivided share in
land and common areas,
to the Complainant forthwith;
b) Direct the Opposite Parties jointly and
severally to pay compensation of Rs. 6,00,000/- (Rupees Six Lakhs only)
to the Complainant for mental agony, harassment, inconvenience, and suffering
caused due to non-delivery of possession despite execution and registration of
the Deed of Conveyance;
c) Direct the Opposite Parties to pay litigation
costs of Rs. 50,000/- (Rupees Fifty Thousand only) or such other amount
as this Hon’ble Commission may deem fit and proper;
d) Direct the Opposite Parties to comply with
the order within a stipulated period, failing which the awarded amount
shall carry interest at such rate as this Hon’ble Commission may deem fit from
the date of default till realisation;
e) Pass any other or further order(s) as
this Hon’ble Commission may deem fit and proper in the interest of justice and
to secure the ends of justice.
AND FOR THIS
ACT OF KINDNESS, THE COMPLAINANT AS IN DUTY BOUND SHALL EVER PRAY.
SCHEDULE OF THE PROPERTY
ALL THAT one self-contained residential flat being Flat No. C-6, situated on
the 3rd Floor (North-East side), with marble flooring,
measuring about 750 sq. ft. Super Built-up Area,
equivalent to 577 sq. ft. Carpet Area,
in a G+III storied building lying and situated at Premises
No. 367, Ho-Chi-Minh Sarani, within Ward No. 128 under Kolkata
Municipal Corporation, P.S. – Parnasree (formerly Behala), Kolkata – 700061,
District – South 24 Parganas, together with proportionate undivided share in
land and common areas.
VERIFICATION
I, Subrata Das, Son of Radharaman Das, aged about ______years, Residing
at Premises No. 44/P/3, Hemanta Mukherjee Road, P.O. – Parnasree, P.S. –
Parnasree (formerly Behala),
Kolkata – 700060, District – South 24 Parganas, West Bengal, the Complainant
above named, do hereby verify that the statements made in paragraphs 1 to ___ of the consumer complaint are
true to my knowledge and belief and those made in the remaining paragraphs are
based on information received and believed by me to be true.
Verified at Kolkata, on this ___ day of __________, 2026.
__________________________
Subrata Das
(Complainant)
AFFIDAVIT
I,
Subrata Das, Son of
Radharaman Das, aged about ______years, by faith Hindu, by Occupation Auto
Driver, Residing at Premises No. 44/P/3, Hemanta Mukherjee Road, P.O. –
Parnasree, P.S. – Parnasree (formerly Behala), Kolkata – 700060, District –
South 24 Parganas, West Bengal, do hereby solemnly affirm and state
as follows;
- That I am the Complainant in the consumer
complaint
filed before this Hon’ble District Consumer Disputes Redressal Commission,
Kolkata Unit–III, and as such I am well acquainted with the facts and
circumstances of the case and competent to swear this affidavit.
- That the statements made in paragraphs 1 to ___
of the consumer complaint are true to my knowledge and
belief and the statements made in the remaining paragraphs are based on
information received by me from reliable sources and believed by me to be
true.
- That the present consumer complaint has been
filed bona fide,
in good faith, and in the interest of justice and the administration of
justice, without any suppression of material facts and without any
ulterior motive.
- That this affidavit is made in support of the
consumer complaint
and for the purpose of obtaining appropriate reliefs from this Hon’ble
Commission as prayed for therein.
DEPONENT
Identified
by me,
Advocate
Prepared
in my Chamber,
Advocate
Date
: ________________2026
Place
: Alipore Judges’ Court
N O T A R Y
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