DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SOUTH 24 – PARGANAS ,
AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 0144
C.C. CASE NO. 4_ OF ___2017
DATE OF FILING : 05.01.2017 DATE OF PASSING JUDGEMENT: 04.01.2018
Present : President : Ananta Kumar Kapri
Member(s) : Subrata Sarker & Jhunu Prasad
COMPLAINANT : 1. Soma Das
2. Partha Das
3. Monoranjan Hansda
4. Laxmipriya Saren (Hansda)
5. Arijit Sengupta’
6. Kasturi Sengupta
7. Ruma Bhattacharjee
8. Snehasis Roy
9. Saswati Roy
` 10. Ranjan Bhattacharjee
11. Mina Bhattacharjee
All of 3397, Jagannathpur, Mission Pally, P.O R.K Pally, P.S Sonarpur, Kolkata – 700150.
-VERSUS -
O.P/O.Ps : 1. Mohim Enterprise, Chhabi Apartment, 1352, Sonarpur Station Road, Teghoria, Sonarpur, Kolkata – 700150
2. Mozaffar Hossan Khan, Proprietor, Mohim Enterprise Kusumba, P.S Sonarpur, District-South24-Parganas, Pin- 700150.
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J U D G E M E N T
Sri Ananta Kumar Kapri, President
This is a complaint lodged under section 12 of the Consumer Protection Act, 1986 by the complainants alleging deficiency in service on the part of the O.P nos. 1 and 2 i.e the Firm and the Proprietor thereof who are engaged in Real Estate Business.
The facts leading to the rise of the instant case run as follows:
The complainants purchased the flats from O.P-2,having been lured by the advertisement given by the O.Ps. O.P-1 promised various kinds of amenities to be provided to the complainants in their flats; such as lift, common dustbin, generator, intercom facility, permanent security guard etc. as detailed in the Brochure and also the Agreement for Sale. But the O.P-1did not deliver the possession of the flats within the stipulated time as agreed upon and that the flats were not also completed in all respect. Repeated demands for completion of the flats in all respects fell flat upon the O.P-2 and this non-chalant attitude of the O.P-2 has galvanized the complainants to file the instant case ,praying for passing an order directing the O.P-2 to complete the flats and to pay a sum of Rs.10 lacs as compensation for causing harassment and mental agony and also for Rs.20,000/- as litigation cost. Hence, the case.
Summons have not been served upon the O.Ps. Notices of the case have been advertised in the daily Newspaper and inspite of such advertisement the O.Ps have not made any appearance before the Forum and , therefore, the case is heard exparte against the O.Ps.
During hearing of the case the complainants have filed Affidavit-in-Chief along with the documents which are kept in the record.
DECISION WITH REASONS
It is stated by the complainants on oath that the O.P-1sold the flats to them and possession of the flats have already been delivered to them ,though after expiry of about six months from the date stipulated in the Agreement. It is further stated by them that flats suffered from deficiency in many respects. The amenities are not provided in full in terms of the Agreement made by the O.P-1. All these averments of the complainants have not been challenged by the O.P-1. The O.P-1has not appeared to contest the case and this implies that the O.P-1 has nothing to say against the allegations brought against him by the complainants. Regards being had to the nature of evidence which goes un-rebutted , we are of the opinion that the complainants being consumers have been able to establish deficiency in service on the part of the O.Ps and , therefore, they are entitled to get the order from this Forum and the order is passed accordingly as hereunder.
In the result, the case succeeds.
Hence,
ORDERED
That the complaint case be and the same is allowed exparte against the O.Ps but with cost which is quantified to be Rs.5000/-.
The O.Ps and particularly O.P-2 are directed to take necessary steps for providing all amenities in accordance with the terms of the Agreement to the complainants and also to pay a sum of Rs.2 lac as compensation for harassment and mental agony caused to the complainants by the O.Ps along with the amount of litigation cost Rs.2000/-within a month of this order ,failing which, the compensation amount will bear interest @12% p.a till full realization of the same.
Let a free copy of this order be given to the parties concerned at once.
Dictated and corrected by me
President
We / I agree.
Member Member
The judgment in separate sheet is ready and is delivered in open Forum. As it is ,
ORDERED
That the complaint case be and the same is allowed exparte against the O.Ps but with cost which is quantified to be Rs.5000/-.
The O.Ps and particularly O.P-2 are directed to take necessary steps for providing all amenities in accordance with the terms of the Agreement to the complainants and also to pay a sum of Rs.2 lac as compensation for harassment and mental agony caused to the complainants by the O.Ps along with the amount of litigation cost Rs.2000/-within a month of this order ,failing which, the compensation amount will bear interest @12% p.a till full realization of the same.
Let a free copy of this order be given to the parties concerned at once.
Member Member President
