Respondents to the Below mentioned Complaint are as follows,
1. RNB INDUSTRIES LIMITED, represented through its directors Jeetender Kumar Sony, Udayan Roychoudhury, Nargis Bhadra and Narayan Krishna Raychowdhury
2. SURYAMUKHI GENERAL FINANCE INVESTMENT COMPNY INDIALTD, represented through its directors Rana Bhadra, Rabindra Nath Dey, Jagannath Debnath
3. LIC Housing Finance LTD., New Alipore Business Centre, 1st Floor, 43 B Block-C, New Alipore Road, Kolkata – 700053, Kolkata – 700052
4. Mr. Swapnadip Sarkar, VP sales and marketing, RNB INDUSTRIES LIMITED
5. 5. Mr. Shankar Sharma, EHLA (marketing), LIC Housing Finance LTD, Kasba Branch, DD72, 1790 Rajdanga Main Road, Kolkata – 700107
Complain for unfair real estate trade practice and deficiency in service by way of negligence to consumer. The humble petition of the above named complainant:- Most respectfully your complainant suffers as follows: I and my wife booked two flats in Rajarhat Kings Hut Phase II (C1 and C2 in 1st floor) on 18.11.2014 and down payment (11,41,969 Rs.) had been made within 30.12.2014 in three phases to opposite party no. 1 as mode of cash and cheque. After 3 months representative of opposite party no. 1 meet me and said that there will be delay in the Kings Hut phase II project and they offer me two flats in Kings Hut phase I (Rajarhat, Bishnupur I, Mouza – Bhatenda, North 24 Parganas) with a little bit higher price. Opposite party no. 4, no. 1 and no. 2 meet us and finalized the agreement in front of opposite party no. 5. At the time of agreement the opposite party no. 4 and no. 5 said that there will be no issue as the owner of the two flats (A1 and A2) in Kings Hut phase I was opposite party no. 2. After that I had applied for the home loan at opposite party no. 3 through opposite party no. 5. After all the paper works had been done my home loan had been sanctioned on 31.08.2015 by the opposite party no. 3 as they said all the flat documents were legally cleared. The opposite party no. 2 has stationed the allotment letter and mentioned that the key of the flat will be handed over to me on the date of registry of flat. Opposite party no. 4 and no. 6 contacted me and fix the registry date on 01.10.2015. Registry of the flat had been done (Deed No. I – 190402451/2015) under ARA IV, Kolkata and the opposite party no. 7, no. 6 and no. 4 was present during registry of flat but keys of flat not been handed over to me. Opposite party no. 2, no. 4 and no. 6 had taken a amount of 52,700 Rs. (20000 as cash and 32700 as cheque to opposite party no. 6) from me as registry cost. A total of 455900 Rs. was paid as draft in form stamp duty and registration fees. Opposite party no. 3 issued and handed over the cheque of 35,00000 Rs. to opposite party no. 2 without receiving the IGR of the registered flat. After registry the developer and owner of the flat delay the process of handover of my flat by many excuses and after 2 months I can’t contact them at all (opposite party no. 1, no. 2, no. 4, no. 7). Also my flat was locked from outside. I came to know that one portion of my flat (A2) was sold to another party (Mr. Raghu Chikkala and Mrs. Puspalata Chikkala) by opposite party no. 1, no. 2, no. 4 and no. 7 in the same manner and his home loan was also sanctioned by the same opposite party no. 3 and no. 5. I had collected the certified copy of my deed and I am paying the EMI (Rs. 30103 per month since October, 2015) of my home loan but I do not know when I will get the possession of my flat. All the opposite parties were involved in this unfair trade practice and they intentionally sold the same flat to me and another party. For the last 18 months I am in severe depression and I can’t concentrate on my profession. So, my job to treat patients are affecting severely till the issues are solved. I beg to the consumer court to look after the matter as early as possible so that I get the possession of flat and issue a compensation of 15,00,000 Rs. towards the loss of my professional carrier since last 18 months and my mental agony and depression.
Yours truly Dr. Kaushik Saha
Regards
doctorkaushiksaha@gmail.