EVIDENCE ON AFFIDAVIT OF THE CONSUMER COMPLAINANT

 

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

 

IN THE MATTER OF:

 

Mrs. Indrani Roy

…Complainant

-      Versus –

 

M/s. MIK Developer & Ors.

…Opposite Parties

 

EVIDENCE ON AFFIDAVIT OF THE CONSUMER COMPLAINANT

 

AFFIDAVIT

 

I, Mrs. Indrani Roy, Wife of Sri Subrata Ray, aged about ____ years, by faith Hindu, by occupation Retired, residing at Premises No. P-3A, Unique Park, P.O. – Behala, P.S. – Parnasree (formerly Behala), Kolkata – 700034, District – South 24 Parganas, West Bengal, the Complainant above named, do hereby solemnly affirm and state as follows;

 

1.   That I am the Consumer Complainant in the present proceeding and, as such, I am fully conversant with the facts and circumstances of the present case. I am competent and duly authorised by law to depose upon the facts and documents forming part of the present consumer complaint.

 

2.   That I have instituted the present Consumer Complaint under Section 35 of the Consumer Protection Act, 2019, seeking appropriate reliefs against the Opposite Parties on account of their gross and continuing deficiency in service, unfair conduct and failure to discharge their obligations in respect of the residential flat lawfully purchased by me after payment of the entire consideration amount.

 

3.   That I say and submit that the statements contained in the Consumer Complaint filed before this Hon’ble Commission may be treated as part and parcel of the present evidence on affidavit, save and except to the extent specifically stated herein. I reiterate and affirm the material facts pleaded in the Consumer Complaint and rely upon the documents annexed thereto and/or produced in support thereof.

 

4.   That the Opposite Party No. 1, namely M/s. MIK Developer, is a proprietorship concern engaged in the business of development, construction and sale of residential flats and acted as the Developer in respect of the subject property/project.

 

5.   That the Opposite Party Nos. 2 and 3, namely Sri Somenath Bhattacharjee and Sri Debjyoti Bhattacharjee, are the landowners of the property in question and had entered into a Development Agreement with the Opposite Party No. 1, pursuant to which the development and sale of flats in the project were undertaken.

 

6.   That the Development Agreement entered into between the landowners and the Developer was duly registered as Being No. 160700510 of the year 2017 and a Power of Attorney was also executed in favour of Sri Soumen Chakraborty, Proprietor of Opposite Party No. 1, authorising the Developer to deal with and sell the developer’s allocation of flats.

 

7.   That on 14.06.2024, I lawfully purchased Flat No. C-5, situated on the 3rd Floor (South-East side), measuring approximately 850 sq. ft. super built-up area, equivalent to 654 sq. ft. carpet area, in a G+III storied building situated at Premises No. 367, Ho-Chi-Minh Sarani, under Ward No. 128, Kolkata Municipal Corporation, P.S. – Parnasree, Kolkata – 700061, together with proportionate undivided share in the land and common areas and facilities appurtenant thereto.

 

8.   That the total consideration for the said flat was Rs.15,00,000/- (Rupees Fifteen Lakhs only) and I had paid the entire consideration amount as agreed.

 

9.   That after receipt of the entire consideration amount, a Deed of Conveyance dated 14.06.2024 was duly executed and registered in my favour in Book-I, Volume No. 1604-2024, Pages 204446 to 204472, Being No. 160406674 of 2024, before the Office of the District Sub-Registrar, D.S.R.-IV, South 24-Parganas.

 

10.               That the said registered Deed of Conveyance is the primary documentary evidence establishing my lawful purchase, title and entitlement in respect of the subject flat.

 

11.               That I rely upon the said Deed of Conveyance dated 14.06.2024 and pray that the original/certified copy thereof, as and when produced before this Hon’ble Commission, may kindly be admitted into evidence and marked as an appropriate exhibit.

 

12.               That despite the execution and registration of the Deed of Conveyance and despite payment of the entire consideration amount, the Opposite Parties have failed, neglected and deliberately refused to deliver peaceful, vacant and physical possession of the subject flat to me.

 

13.               That the failure to deliver possession is not due to any default or omission on my part. I had duly performed my obligations, including payment of the entire agreed consideration.

 

14.               That I repeatedly approached and requested the Opposite Parties to hand over possession of the subject flat and made several personal requests and communications for obtaining possession.

 

15.               That on several occasions, the Opposite Party No. 1 assured me that possession would be handed over shortly. However, despite such repeated assurances, possession was never delivered.

 

16.               That the assurances given by the Developer ultimately proved to be false and ineffective, and I continued to remain deprived of the use and enjoyment of the residential flat despite being the lawful purchaser thereof.

 

17.               That the continued withholding of possession after receipt of the entire consideration and after execution and registration of the Conveyance Deed has caused me substantial mental agony, harassment, inconvenience, financial hardship and deprivation of the beneficial enjoyment of the property purchased by me.

 

18.               That the grievance complained of by me is continuing in nature because, till the date of filing of this evidence and even thereafter, the physical possession of the subject flat has not been handed over to me.

 

19.               That every day during which I remain deprived of possession constitutes a continuing prejudice and hardship to me.

 

20.               That I am a retired lady and the non-delivery of possession has caused serious difficulty and hardship in my personal life and has deprived me of the benefit of having a peaceful and settled residential accommodation of my own.

 

21.               That the aforesaid facts demonstrate that the Opposite Parties, despite having received the full consideration and despite execution of the registered Conveyance Deed, failed to perform the corresponding obligation of delivering possession.

 

22.               That finding no effective response from the Opposite Parties, I was compelled to cause a legal notice to be issued through my Learned Advocate.

 

23.               That a legal notice dated 27.01.2026 was issued to the Developer as well as the Landowners, calling upon them to discharge their obligations and hand over peaceful physical possession of the subject flat and to provide the consequential reliefs arising therefrom.

 

24.               That the said legal notice was duly dispatched to the respective Opposite Parties through the Postal Authority.

 

25.               That the postal receipts and postal tracking records demonstrate dispatch and service of the said legal notice upon the concerned Opposite Parties.

 

26.               That notwithstanding valid service of the said legal notice, the Opposite Parties did not send any substantive reply thereto and did not take any effective remedial step for handing over possession of the subject flat.

 

27.               That the failure of the Opposite Parties to respond to the specific allegations and demands made in the legal notice is a material circumstance forming part of the factual background of the present complaint.

 

28.               That I rely upon the copy of the legal notice dated 27.01.2026, postal receipts, postal tracking reports and other connected postal documents and pray that the same be admitted into evidence and marked as appropriate exhibits.

 

29.               That after institution of the present Consumer Complaint, notices/processes of this Hon’ble Commission were issued to the Opposite Parties at their respective addresses.

 

30.               That the said notices/processes were duly served upon the Opposite Parties in accordance with law.

 

31.               That despite having knowledge of the institution and pendency of the present Consumer Complaint and despite service of the notices/processes issued by this Hon’ble Commission, the Opposite Parties failed and neglected to enter appearance and contest the present proceeding in accordance with law.

 

32.               That the Opposite Parties did not file their Written Version before this Hon’ble Commission.

 

33.               That the Opposite Parties did not file any affidavit/evidence controverting the material facts pleaded by me.

 

34.               That the Opposite Parties did not place before this Hon’ble Commission any documentary evidence disputing my purchase of the subject flat, payment of the entire consideration, execution and registration of the Deed of Conveyance, my entitlement to possession, my repeated demands for possession, or the issuance and service of the legal notice.

 

35.               That the present Consumer Complaint has accordingly proceeded ex parte against the Opposite Parties, they having failed to appear and contest the proceedings despite due service of notice/process.

 

36.               That, owing to the complete non-participation of the Opposite Parties in the present proceeding, I have had no occasion or opportunity to meet, answer, rebut or deal with any Written Version, defence, denial, allegation, explanation or contrary factual case from the side of the Opposite Parties, because no such Written Version or contrary evidence has been filed by them before this Hon’ble Commission.

 

37.               That there is consequently no pleaded defence from the Opposite Parties on record specifically disputing the material factual foundation of my Consumer Complaint.

 

38.               That the Opposite Parties have not placed any material before this Hon’ble Commission to demonstrate that possession of the subject flat was delivered to me at any point of time.

 

39.               That the Opposite Parties have also not produced any document showing that I had refused to take possession, that I had defaulted in payment of consideration, or that there existed any lawful justification for withholding possession from me after registration of the Deed of Conveyance.

 

40.               That there is similarly no contrary documentary material filed by the Opposite Parties disputing the registered Deed of Conveyance dated 14.06.2024 or the fact that the entire consideration amount of Rs.15,00,000/- had been paid by me.

 

41.               That while the Opposite Parties’ failure to contest the proceeding does not relieve me of the obligation to establish my case by admissible evidence, the material facts pleaded by me remain uncontroverted by any Written Version, affidavit or documentary evidence from the Opposite Parties.

 

42.               That the evidence adduced by me, therefore, remains the only substantive evidentiary account placed before this Hon’ble Commission regarding the transaction, payment of consideration, registration of the Conveyance Deed, non-delivery of possession, repeated demands and subsequent legal notice.

 

43.               That I respectfully submit that the absence of any defence or contrary evidence from the Opposite Parties is a significant circumstance which may kindly be considered by this Hon’ble Commission along with the documentary evidence produced by me while determining the present complaint on its merits.

 

44.               That I have specifically pleaded in the Consumer Complaint that the entire consideration amount was paid by me and that the registered Deed of Conveyance was executed in my favour on 14.06.2024.

 

45.               That I have further specifically pleaded that despite such registered conveyance and payment of full consideration, possession of the subject flat was not handed over to me.

 

46.               That these material assertions have not been met by any Written Version or affidavit of evidence from the Opposite Parties.

 

47.               That there is no pleading or evidence presently before this Hon’ble Commission from the Opposite Parties alleging any lawful justification for non-delivery of possession.

 

48.               That there is also no evidence from the Opposite Parties establishing actual delivery of possession to me.

 

49.               That there is no document produced by the Opposite Parties demonstrating any lawful cancellation, rescission or termination of my rights under the registered Conveyance Deed.

 

50.               That, therefore, the documentary evidence produced by me, coupled with my unrebutted testimony on the material facts and the complete failure of the Opposite Parties to contest the proceeding, establishes the factual foundation of my complaint.

 

51.               That I say that after accepting the entire consideration amount and after execution and registration of the Deed of Conveyance, the Opposite Parties were under an obligation to ensure delivery of peaceful and lawful physical possession of the subject flat.

 

52.               That the failure to deliver possession despite receipt of full consideration and registration of the Conveyance Deed has deprived me of the very beneficial enjoyment for which I purchased the residential flat.

 

53.               That such failure constitutes a serious deficiency in service and has caused continuing loss, inconvenience, harassment and mental agony to me.

 

54.               That the conduct of the Opposite Parties is particularly serious because I have already discharged my financial obligation by paying the entire consideration, whereas the corresponding obligation to deliver possession remains unperformed.

 

55.               That because of the prolonged non-delivery of possession, I have been subjected to considerable mental agony, anxiety, inconvenience, financial hardship and uncertainty.

 

56.               That being a retired lady, I had purchased the subject residential flat with the legitimate expectation of obtaining peaceful possession and enjoying a settled residential accommodation.

 

57.               That instead of receiving possession after making full payment, I have been compelled to pursue the matter through repeated personal requests, legal correspondence and ultimately the present consumer proceeding.

 

58.               That the continued deprivation of possession has seriously affected my peace of mind, dignity and quality of life.

 

59.               That the compensation of Rs.6,00,000/- claimed by me is therefore reasonable and justified having regard to the prolonged deprivation, mental agony, harassment and inconvenience suffered by me.

 

60.               That I rely upon the following documents in support of my case and pray to exhibit the documents;

(a) Deed of Conveyance dated 14.06.2024, registered as Being No. 160406674 of 2024, relating to Flat No. C-5;

(b) Legal Notice dated 27.01.2026 issued on behalf of the Complainant;

(c) Postal receipts relating to dispatch of the legal notice;

(d) Postal tracking reports/evidence of service of the legal notice;

 

61.               That the aforesaid documents are directly relevant and necessary for proving the purchase transaction, payment of consideration, execution and registration of the Conveyance Deed, service of legal notice and failure of the Opposite Parties to take any remedial action.

 

62.               That I respectfully pray that the aforesaid documents may kindly be taken on record and admitted into evidence and marked as appropriate exhibits, subject to the provisions of law and the satisfaction of this Hon’ble Commission regarding their admissibility and proof.

 

63.               That the registered Deed of Conveyance dated 14.06.2024 is the most material document in the present proceeding as it establishes my purchase and lawful entitlement in respect of the subject flat.

 

64.               That the said Deed records the particulars of the subject flat, the consideration, the transfer in my favour and the relevant registration particulars.

 

65.               That I therefore specifically pray that the original/certified copy of the said registered Deed of Conveyance may kindly be exhibited as Exhibit–1, or as such other exhibit number as may be assigned by this Hon’ble Commission.

 

66.               That the Legal Notice dated 27.01.2026 establishes that prior to filing and pursuing the present proceeding, I had called upon the Opposite Parties to perform their obligations and hand over possession.

 

67.               That the postal receipts establish dispatch of the notice, while the postal tracking reports establish the status/service of the postal articles.

 

68.               That I therefore pray that the copy of the Legal Notice dated 27.01.2026 may kindly be marked as Exhibit–2, and the corresponding postal receipts and postal tracking reports may kindly be marked as Exhibit–3 series, or such other exhibit numbers as this Hon’ble Commission may deem appropriate.

 

69.               That I respectfully submit that my evidence on the material facts has not been contradicted by any evidence from the Opposite Parties.

 

70.               That the Opposite Parties, despite due service of the proceedings, have chosen not to contest the allegations made in the Consumer Complaint and have not filed any Written Version or evidence denying the material facts relied upon by me.

 

71.               That there is accordingly no competing version placed before this Hon’ble Commission from the side of the Opposite Parties regarding the transaction in question.

 

72.               That my testimony is fully supported by the registered Deed of Conveyance and the contemporaneous documentary records relied upon by me.

 

73.               That I respectfully submit that the documentary evidence and my oral evidence may kindly be read together and appreciated as a consistent and corroborative body of evidence establishing my case.

 

74.               That in view of the facts stated hereinabove, I am entitled to an order directing the Opposite Parties jointly and/or severally, as may be permissible in law, to hand over peaceful, vacant and lawful physical possession of Flat No. C-5, situated on the 3rd Floor (South-East side), measuring approximately 850 sq. ft. super built-up area, equivalent to 654 sq. ft. carpet area, at Premises No. 367, Ho-Chi-Minh Sarani, under Ward No.128, Kolkata Municipal Corporation, P.S. – Parnasree, Kolkata – 700061, together with proportionate undivided share in the land and common areas and facilities appurtenant thereto.

 

75.               That I am further entitled to reasonable compensation of Rs.6,00,000/- towards the mental agony, harassment, inconvenience, hardship and deprivation suffered by me due to the prolonged failure of the Opposite Parties to deliver possession.

 

76.               That I am also entitled to litigation costs of Rs.50,000/-, or such other amount as this Hon’ble Commission may deem fit and proper.

 

77.               That I further pray for such interest and consequential reliefs as may be considered just, proper and necessary by this Hon’ble Commission.

 

78.               That I respectfully submit that the present case is founded upon a straightforward and undisputed transaction: I purchased the subject residential flat, paid the entire agreed consideration of Rs.15,00,000/-, obtained a registered Deed of Conveyance dated 14.06.2024, but was thereafter deprived of physical possession of the very property purchased by me.

 

79.               That despite service of the legal notice and thereafter service of the notices/processes issued by this Hon’ble Commission, the Opposite Parties have failed to come forward to contest the proceeding.

 

80.               That the Opposite Parties have not filed any Written Version, have not placed any contrary factual case on record, have not produced any evidence disputing the registered conveyance, and have not produced any evidence demonstrating delivery of possession.

 

81.               That the present proceeding has accordingly proceeded ex parte against the Opposite Parties.

 

82.               That I respectfully submit that the absence of a Written Version or contrary evidence does not, by itself, dispense with the requirement of proving my case; accordingly, I have placed before this Hon’ble Commission my sworn testimony together with the relevant documentary evidence. The material facts pleaded by me, however, remain wholly uncontroverted by any evidence adduced by the Opposite Parties.

 

83.               That I therefore respectfully pray that this Hon’ble Commission may be pleased to appreciate the evidence on record, take the documents relied upon by me into evidence and allow the Consumer Complaint by granting the reliefs prayed for therein.

 

VERIFICATION

 

I, Mrs. Indrani Roy, the Consumer Complainant above named, do hereby verify that the statements made in paragraphs 1 to 83 hereinabove are true and correct to my knowledge and belief, based upon my personal knowledge, the records of the case and the documents available with me, and that I have not suppressed any material fact therefrom.

 

Verified at Kolkata on this ____ day of August, 2026.

 

 

DEPONENT
Identified by me,

 

Advocate

NOTARY