Application for Direction Upon the Opposite Party to Produce the Sanctioned Building Plan and Completion Certificate - Latika Chakraborty - Debabrata Roy - September - 2025
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Ashok Kumar SinghApplication for Direction Upon the Opposite Party to Produce the Sanctioned Building Plan and Completion Certificate - Latika Chakraborty - Debabrata Roy - September - 2025
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Ashok Kumar Singh~1~
BEFORE THE HON’BLE DISTRICT
CONSUMER DISPUTES REDRESSAL
COMMISSION,
SOUTH 24 PARGANAS, BARUIPUR
CC No. 55 of 2025
In the matter of;
Smt. Latika Chakraborty
……… Complainant
-Versus-
Sri Debabrata Roy @
Debu
……… Opposite Party
APPLICATION FOR DIRECTION UPON THE OPPOSITE
PARTY TO PRODUCE THE SANCTIONED BUILDING
PLAN AND COMPLETION CERTIFICATE;
The humble petition of the Complainant above named, most
respectfully sheweth;
1. That the present Consumer Complaint has been filed by the
Complainant under Section 35(1) of the Consumer Protection
Act, 2019, against the Opposite Party for deficiency in service
and unfair trade practices arising out of a Development
Agreement dated 14th September 2012.
2. That under the said Development Agreement, the Opposite
Party undertook to obtain the sanctioned building plan from
Baruipur Municipality within a stipulated time frame and to
complete the construction in accordance with such
sanctioned plan.
3. That as per settled law and the provisions of the Building
Rules, no multi-storied construction can be treated as valid
without a duly sanctioned plan and the corresponding
completion certificate issued by the competent civic authority
4. That despite repeated demands, the Opposite Party has failed
to provide the Complainant with either a copy of the
sanctioned building plan or the completion certificate in
respect of the construction raised upon the Complainant’s
land.
5. That production of the sanctioned building plan and
completion certificate is absolutely necessary for the following
reasons;
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(i) To ascertain whether the construction has
been carried out in conformity with the
sanctioned plan.
(ii) To enable accurate calculation of the total
FAR and thereby determine the Complainant’s
35% Owner’s Allocation.
(iii) To establish whether the building is legally
complete and habitable in the eyes of law.
6. That without such documents, the present dispute cannot be
properly adjudicated, and the Opposite Party cannot be
permitted to withhold these essential records which are in his
custody and control.
7. That this application is made bonafide and in the interest of
administration of Justice.
In view of the above, it is most
humbly prayed that this Hon’ble
Commission may be pleased to;
a) Direct the Opposite Party to
produce before this Hon’ble
Commission the original or certified
copies of the sanctioned building
plan and completion certificate in
respect of the building constructed
upon the Complainant’s property at
Mouza Subuddhipur, J.L. No. 32,
Khatian No. 511, Dag No. 186,
Holding No. 250, Ward No. 1, under
Baruipur Municipality;
b) Pass such further or other orders
as this Hon’ble Commission may
deem fit and proper in the facts and
circumstances of the case.
And for this act of kindness, the Complainant as in duty bound
shall ever pray.
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BEFORE THE HON’BLE DISTRICT CONSUMER
DISPUTES REDRESSAL COMMISSION,
SOUTH 24 PARGANAS, BARUIPUR
CC No. 55 of 2025
In the matter of:
Smt. Latika Chakraborty
……… Complainant
-Versus-
Sri Debabrata Roy @ Debu
……… Opposite Party
AFFIDAVIT IN SUPPORT OF APPLICATION FOR DIRECTION TO
PRODUCE SANCTIONED BUILDING PLAN AND COMPLETION
CERTIFICATE;
I, Smt. Latika Chakraborty, Wife of Late Bibhuti Bhusan
Chakraborty, aged about 85 years, by faith Hindu, by occupation
Housewife, residing at Village – Subuddhipur, Post Office & Police
Station – Baruipur, Kolkata – 700144, District South 24 Parganas,
do hereby solemnly affirm and state as follows;
1. That I am the Complainant in the above case, fully
acquainted with the facts and circumstances of the matter,
competent to affirm this affidavit, and I swear this affidavit in
support of my application praying for a direction upon the
Opposite Party to produce the sanctioned building plan and
completion certificate.
2. That under the Development Agreement dated 14th
September 2012, executed between me and the Opposite
Party, the Opposite Party was under an obligation to obtain a
sanctioned building plan from the Baruipur Municipality
before construction, and to complete construction strictly in
accordance with such plan.
3. That the Opposite Party has failed to deliver my rightful 35%
Owner’s Allocation and, despite repeated demands, has also
withheld the sanctioned building plan and completion
certificate, which are documents exclusively within his
custody and control.
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4. That production of these documents is essential before this
Hon’ble Commission in order to;
(i) Verify whether the construction has been carried out in
conformity with the sanctioned plan;
(ii) Ascertain the total FAR for calculation of my 35%
Owner’s Allocation;
(iii) Determine the legality and validity of the construction
by ensuring that the building has obtained a
completion certificate from the competent authority.
5. That unless the sanctioned building plan and completion
certificate are produced, the matter cannot be properly
adjudicated and the Opposite Party’s liability cannot be fully
determined.
6. That the statements made in my accompanying application
for direction upon the Opposite Party to produce the
sanctioned building plan and completion certificate are true
to my knowledge and are reiterated herein.
VERIFICATION
I, Smt. Latika Chakraborty, the above-named deponent, do hereby
verify that the contents of this affidavit are true and correct to my
knowledge and belief and nothing material has been concealed
therein.
Verified at Baruipur, South 24 Parganas, on this … day of
September, 2025.
DEPONENT
Identified by me,
Advocate
Prepared in my Chamber;
Advocate
Date: _____________ September 2025
Place: Baruipur, South 24 Parganas
NOTARY
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