12....06.12.2021...
The Ld. Advocate for the complainants is present.
Today is fixed for delivery of final order. Final order containing 4 pages is ready. It is sealed, signed and delivered in open Commission.
It is ordered that,
ORDERED
That the complaint case be and the same is hereby allowed on contest against the O.Ps. with cost of Rs. 2,000/-
The O.Ps. are directed to deliver the CC in respect of Flat No. 3B of “Radha Kunja Apartment” by 90 days from the date of this order failing which the O.Ps. shall be liable to pay compensation of Rs. 50,000/- to the complainants.
The O.Ps. are also directed to pay litigation cost of Rs. 2,000/- to the complainants by 90 days from the date of this order.
Let copies of final order be supplied to both the parties free of cost as per rules.
The Final order also be made available in www.confonet.nic.in .
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
SOUTH 24-PARGANAS
AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 144
C.C.NO. 50 OF 2020
DATE OF FILING DATE OF ADMISSION DATE OF FINAL ORDER
02.09.2020 14.09.2020 06.12.2021
Present : President : Asish Kumar Senapati
Member : Sangita Paul
COMPLAINANT : 1. Ravi Ghosh, S/O – Ajay Kumar Ghosh.
2. Premlata Ghosh, W/o – Ravi Ghosh.
Both residing at 1, Pandey Lane, Malancha Panchabati, P.S. – Sonarpur, P.O. – Mahinagar, Kolkata – 700145.
Versus
O.P/O.Ps : 1. Sri Aparup Kundu, S/O- Late Radha Krishna Kundu, Authority concerned of Shreya Consultants / Venders / Developers.
2. Smt. Swati Kundu, W/O-Aparup Kundu, Authority concerned of Shreya Consultants / Venders / Developers.
Both residing at BC-37, Deshbandhu Nagar, P.O. + P.S. – Baguihati, Kolkata – 700059.
Office Address : P-41, Princep Street, 2nd Floor, Kolkata – 700072.
Advocate for the complainants : Sri Apurba Kumar Sautya
Advocate for the O.Ps. : Sri Sharba Sundar Chattopadhyay
Sri Asish Kumar Senapati, President
This is a complaint filed by One Sri Ravi Ghosh and another (hereinafter referred to as the complainants) against Sri Aparub Kundu & another (hereinafter referred to as the O.Ps.) praying for a direction to give Completion Certificate of the flat in question and to pay compensation of Rs. 1 Lakh and litigation cost of Rs. 20,000/- , alleging deficiency in service
The sum and substance of the complaint is as follows:
The complainants being husband and wife booked a flat in the Apartment of “Radha Kunja” on payment of Rs. 7,80,000/- by agreement for sale dated 23.01.2014 being Flat No. 3B measuring 847 Sq.ft. at a consideration of Rs. 18,60,000/-. The complainants paid the total consideration amount and the O.Ps. executed the deed of conveyance on 12.02.2014. The complainants could not mutate their names in the Rajpur Sonarpur Municipality due to non-availability of Completion Certificate. The cause of action arose on 12.02.2014 and i.e. the date of execution of deed of conveyance and 09.01.2020 i.e. the date of application to the Rajpur Sonarpur Municipality.
Hence, the complainants have filed the case praying for a direction upon the O.Ps. to deliver the C.C. to the petitioners and to pay compensation of Rs. 1 Lakh and litigation cost of Rs. 20,000/-.
The O.Ps. put their appearance and filed W.V. on 01.12.2020 stating that the case is not maintainable as the O.Ps. executed the deed of conveyance on 12.02.2014. It is also the version of the O.Ps. that the complainants initiated false cases against the O.Ps. and the O.Ps. have already furnished the structural stability before the Rajpur Sonarpur Municipality. That the case may be dismissed with cost.
On the basis of the above versions, the following points are framed for proper adjudication of the case :-
- Are the complainants consumers under the provisions of C.P Act?
- Is the case maintainable?
- Is there any deficiency in service on the part of the O.Ps.?
- Are the complainants entitled to get any relief against the O.Ps., as prayed for?
DECISION WITH REASONS
Point no. 1 :-
The Ld. Advocate for the complainants submits that the complainants booked a flat on 23.01.2014 and deed of conveyance was executed by the O.Ps. on receipt of Rs. 18,60,000/- on 12.02.2014. It is urged that the O.Ps. have not yet delivered CC to the complainants which is deficiency in service. The O.Ps. filed W.V. but subsequently they did not file any evidence. The Ld. Advocate for the O.Ps. have not taken part in hearing of argument.
We have gone through the materials on record and considered the submission of the Ld. Advocate for the complainant. The complainants purchased Flat No. 3B from the O.Ps. / developers on payment of consideration but they have not yet got CC from the O.Ps. Considering the facts and circumstances, we hold that the complainants are consumers in terms of the C.P. Act.
Point Nos. 2, 3 & 4 :-
The Ld. Advocate for the complainants submits that the complaint is maintainable as the complainants are the consumers and the O.Ps. have deficiency in service as they have not yet delivered CC to the complainants in respect of Flat No 3B. He argues that the O.Ps. may be directed to deliver CC to the complainants within a short period so that the complainants may muted their names in the register of Rajpur Sonarpur Municipality. He also prays for compensation of Rs. 1Lac for mental pain and agony and Rs. 20,000/- for litigation cost from the O.Ps.
The Ld. Advocate for the O.Ps. has not taken part in hearing of argument.
With due consideration over the materials on record, we find that the complainants have not yet received CC from the O.Ps. in spite of lapse of a considerable period from the time of registration of Flat No. 3B. The complainants are entitled to get CC from the O.Ps. in respect of Flat No . 3B and it is evident from the W.V. that the O.Ps. have not yet got the CC from Rajpur Sonarpur Municipality. Hence, we have no hesitation to hold that the O.Ps. have deficiency in service and the complainants are entitled to get CC from the O.Ps. in respect of Flat No. 3B of “Radha Kunja Apartment “. In our considered opinion, the O.Ps. may be directed to pay compensation of Rs. 50,000/- in case of default to deliver CC within a period of 90 days. We also think that the complainants are entitled to get Rs. 2,000/- as litigation cost from the O.Ps.
Point Nos. 2, 3 & 4 are thus disposed of.
In the result, the complaint case succeeds.
Fees paid are corrected.
Hence,
ORDERED
That the complaint case be and the same is hereby allowed on contest against the O.Ps. with cost of Rs. 2,000/-
The O.Ps. are directed to deliver the CC in respect of Flat No. 3B of “Radha Kunja Apartment” by 90 days from the date of this order failing which the O.Ps. shall be liable to pay compensation of Rs. 50,000/- to the complainants.
The O.Ps. are also directed to pay litigation cost of Rs. 2,000/- to the complainants by 90 days from the date of this order.
Let copies of final order be supplied to both the parties free of cost as per rules.
The Final order also be made available in www.confonet.nic.in .
Dictated and corrected by me
President
