State Consumer Disputes Redressal Commission
Mrs. Kanchan Bhattacharyya vs M/S. Mir Enterprise on 28 January, 2026
STATE CONSUMER DISPUTES REDRESSAL COMMISSION
WEST BENGAL
CONSUMER COMPLAINT NO. SC/19/CC/488/2017
Mrs. Kanchan Bhattacharyya
PRESENT ADDRESS - W/o Mr. Tapas Kumar Bhattacharyya, 37/2, Garden Road, P.O. - Haltu,
P.S. - Garfa, Kolkata - 700 078.,WEST BENGAL.
Mr. Tapas Kr. Bhattacharyya
PRESENT ADDRESS - S/o Lt. Sibaram Bhattacharyya, 37/2, Garden Road, P.O. - Haltu, P.S. -
Garfa, Kolkata - 700 078.,WEST BENGAL.
.......Complainant(s)
Versus
M/s. Mir Enterprise
PRESENT ADDRESS - 11/1/H/7, Topsia Road, P.S. - Topsia, Kolkata - 700 046.,WEST BENGAL.
Mir Md. Mehruddin, prop., M/s. Mir Enterprise
PRESENT ADDRESS - S/o Golam Md., 11/1/H/7, Topsia Road, P.S. - Topsia, Kolkata - 700
046.,WEST BENGAL.
Mr. Manik Chandra Karmakar
PRESENT ADDRESS - S/o Lt. Jagadish Chandra Karmakar, 4/7, Lalbahadur Sastri Road, P.S. -
Kasba, Kolkata - 700 078.,WEST BENGAL.
Mr. Bivas Karmakar
PRESENT ADDRESS - S/o Lt. Jagadish Chandra Karmakar, 4/7, Lalbahadur Sastri Road, P.S. -
Kasba, Kolkata - 700 078.,WEST BENGAL.
.......Opposite Party(s)
BEFORE:
HON'BLE MRS. SOMA BHATTACHARJEE , PRESIDING MEMBER
HON'BLE MRS. SAMIKSHA BHATTACHARYA , MEMBER
FOR THE COMPLAINANT:
Mr Prasanta Banerjee, Mr Avijit Bhunia (Advocate)
FOR THE OPPOSITE PARTY:
Mir Anuruzzaman (Advocate)
Mir Anuruzzaman (Advocate)
DATED: 28/01/2026
ORDER
Hon'ble Mrs. Soma Bhattacharjee, Presiding Member CC/488/2017 has been filed by Mrs. Kanchan Bhattacharya and Mr. Tapas Kumar Bhattacharya complainants against M/s Mir Enterprise and others u/s 12 of the C.P. Act, 1986 alleging negligence and deficiency in service in the matter of housing dispute. The case in a nutshell is as follows:
The OP no. 1 is a proprietorship firm and Md. Mehruddin, OP no. 2 is the proprietor of this firm and solely involved in day to day transactions of OP no. 1 and is the signatory of all agreements executed on behalf of the OP no. 1. The OP nos. 3 and 4 are landowners of the scheduled premises no. 366/1, Purbachal Road, P.O. Haltu, P.S. Garfa, Kolkata - 700078, Dist: South 24 Parganas, measuring 4 cottahs 3 chhitaks and a little more within Ward No. 106 of KMC. The OPs 1 and 2 entered into a joint venture agreement dt. 13.02.2014 with OP nos. 3 and 4 for construction of one G+3 storied building on the said plot of land. The OP nos. 3 and 4 executed a registered Power of Attorney in favour of the OP no. 2, the proprietor of the firm.
This POA was registered at the office of DSR 3 Alipore, 24 Pgs (South).
On the basis of this agreement and POA the OP nos. 1 and 2 got one building plan sanctioned by KMC dt. 15.07.2014 for construction of one G+3 residential building containing flats and car parking spaces. Construction work was started by OP no. 2 and subsequently he entered into agreement for sale with prospective buyers. On coming to know that flats were for sale the complainants contacted the developer/ OP No. 2 had entered into an agreement for sale with the OPs on 08.04.2015 for purchasing one residential flat measuring 1245 sq. ft. super built up area facing South East of the 2nd floor together with one car parking space measuring 135 sq. ft. at the ground floor of the building to be constructed on the scheduled plot of land. The total consideration for the property was fixed at Rs. 39,00,000/- and the agreement for sale was registered at the office of the DSR III at Alipore on 08.04.2015 upon payment of stamp duty of Rs. 3,49,806/-. The agreement for sale was executed between the complainants and purchasers and OP nos. 3 & 4 as vendors being represented by OP nos. 2 as their constituted Attorney and OP no, 1 as confirming party.
The complainants paid a sum of Rs. 10,00,000/- on and before the date of agreement vide 6 A/c payee cheques. The complainants thereafter made further payment of 2,00,000/- on 12.05.2015 and another amount of Rs. 3,00,000/- on 27.05.2015.
The complainants applied for housing loan with LIC Housing Finance Limited and the said LIC Housing Finance Limited sanctioned the loan of Rs. 27,75,000/- in favour of the complainants. The prior to disbursement of loan sanctioned by LIC Housing Finance Limited a tripartite agreement between the complainants as borrower and Md. Mehruddin the developer of the project and the financial institution disbursing the loan was signed on 10.06.2015 under certain terms and conditions.
Before disbursing the loan amount to the borrowers, the LIC Housing Finance Ltd. look possession of the original Registered Agreement for Sale. A cheque of Rs. 5,00,000/- was issued in favour of M/s. Mir Enterprise on 24.06.2015 which was encashed by the developer / OP.
Upon filing of CC/488/2017 notices were issued upon OP nos. 1 and 2 entered appearance and filed written version. OP nos. 3and 4 did not file W.V. and so the matter was contested only by OP no. 1 M/s. Mir Enterprise and OP no. 2 Md. Mehruddin.
The case of the defense is that the complainants failed to abide by the terms of the agreement for which the OPs were compelled to cancel the Agreement for Sale and refunded Rs. 18,00,000/- to the complainants no. 2 through RTGS on 05.04.2017 in SB Account no. 20062554775 of SBI.
They submitted that the matter would come under the Arbitration and Conciliation Act, 1996 as per the Agreement for Sale.
Heard the arguments of the Ld. Counsels of both sides, The compliant petition, evidences field on affidavit and all documents annexed have been carefully appraised. The submissions of both Ld. Counsels have thoughtfully considered.
Since the OPs had received half of the total consideration in lieu of service which they failed to deliver within scheduled time, the complainants are consumers in terms of C.P. Act, 1986.
The Hon'ble Apex Court has observed as follows:
In SC - Emaar MGF Land Limited vs Aftab Singh [(2018) 14SCR 791] (1) - even if arbitration exists, consumers can approach the Consumer Commission.
(2) Arbitration and Conciliation Act 1996 does not exclude jurisdiction of Consumer Forum. In Experion Developers Pvt Ltd. vs Sushma Ashok Shiroor, CA No. 6044 of 2019 decided on 07.04.2022 - that the interest payable on the amount deposited must be both restitutionary and compensatory.
Accordingly, It is ordered CC/488/2017 succeeds on contest with costs.
1. The OP no. 1 & 2 are jointly and/or severally directed to refund Rs. 2,00,000/- (two lakh only) to the complainants within a period of 45 days from the date of order.
2. OP nos. 1 & 2 are jointly and/or severally directed to refund Rs. 5,00,000/-, which was paid by the LIC Housing Finance Ltd. to them, on behalf of the complainants who were their loanees.
3. OP nos. 1 & 2 are jointly and / or severally directed to refund Rs. 3,49,806/- which was paid as stamp duty by the complainants towards registration of Agreement for Sale dt. 08.04.2015, within 45 days.
4. The OP no. 1 & 2 are jointly and/or severally directed to pay Rs. 10,000/- as litigation cost within 45 days from the date of order.
If the OP fails to comply with the order within the stipulated period, the complainant will be at liberty to put the order into execution.
Free plain copies be delivered to all parties.
CC/488/2017 is disposed of accordingly.
..................
SOMA BHATTACHARJEE PRESIDING MEMBER ..................
SAMIKSHA BHATTACHARYA MEMBER