West Bengal

South 24 Parganas

CC/385/2015

Smt. Uma Chowdhury, Wife of Sri S. Chowdhury. - Complainant(s)

Versus

1. M/S Sahoo Construction a proprietorship firm represented by its sole proprietor, Sri Amarendra Sa - Opp.Party(s)

Sanat Sil.

25 Nov 2016

ORDER

DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , JUDGES’ COURT, ALIPORE KOLKATA-700 027

 

C.C. CASE NO. _385   OF ___2015____

 

DATE OF FILING : 25.8.2015     DATE OF PASSING JUDGEMENT:     25/11/2016

 

Present                        :   President       :  

 

                                        Member(s)    :  Smt.  Sharmi Basu & Subrata Sarker              

 

COMPLAINANT                  :  Smt. Uma Chowdhury,w/o Sri S Chowdhury of 29, Narkel Bagan, P.S. Jadavpur, Kolkata – 32.

 

-VERSUS  -

 

O.P/O.Ps                                :     1. M/s Sahoo Construction , represented by its Sole proprietor Sri Amarendra Sahoo ,B/4, Bapuji Nagar, P.O Regent Estate, P.S. Jadavpur, Kolkata – 92 since deceased.

                                               1a.        Rasmita Sahoo,w/o of late Amarendra Sahoo

                                               1b.        Sangeeta Sahoo, d/o of late Amarendra Sahoo

                                               1c.       Amandita Sahoo, d/o of late Amarendra Sahoo

                                               1d.        Aparajita Sahoo, d/o of late Amarendra Sahoo

                                               1e.       Dibyajoti Sahoo, s/o late Amarendra Sahoo

                                                 2a.    Smt. Nani Bala Das,w/o late Birendra Kumar Das of 12, Anandapally, P.S. Jadavpur, Kolkata – 32.

                                               2b.      Smt. Sandhya Das, w/o Sri Sachindra Chandra Das of F-26, Panchasayar, P.S. Purba Jadavpur, Kolkata – 94.

                                               2c.     Sri Pradip Kumar Das,s/o late Birendra Kumar Das of 12, Anandapally, P.S. Jadavpur, Kolkata – 32.

                                               2d.      Smt. Alo Majumder,w/o late Upendra Chandra Majumder of 71/B, Sodepur Road, P.S. Thakurpukur, Kolkata – 82.

                                               2e.      Smt. Sikha Roy,w/o Sri Niharendu Roy of 6/8B/26, Bijoygarh, P.S. Jadavpur, Kolkata – 32.

                                               2f.     Smt. Sibani Naiyak,w/o Sri Subhas Naiyak of 143/112, Picnic Garden Road, P.S. Tiljala, Kolkata – 39.

                                               2g.    Smt. Rakhi Ghosh,w/o Sri Keshab Chandra Ghosh of 130, Anandapally, P.S. Jadavpur, Kolkata – 32.

                                               2h.     Smt. Purabi Das,w/o Suklal Das of 47, Purbachal Main Road, P.S. Garfa, Kolkata – 78.

________________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

 

            Smt. Sharmi Basu, Member

             In a nutshell the case of the complainants is that the developer,O.P-1, and the land owners, legal heirs of late Birendra Kumar das, being O.P no.2 series entered into a Development Agreement on 14.12.2012 for development of the land . Accordingly, complainant for urgent need of accommodation entered into an agreement for sale with the O.P-1 developer for purchasing a flat in respect of all that one complete flat at the ground floor eastern side measu7ring 460 sq.ft built up area of the building situated at 12, Anandapoally, KMC premises no.80/3G, Baderaipur Road, P.O Jadapur, P.S. Jadavpur, Kolkata – 32 at a consideration of Rs.16,00,000/- . In terms of the said agreement for sale complainant paid full consideration amount of Rs.16 lacs to the O.P-1 developer. Complainant requested the O.Ps to hand over possession of the flat and to execute and register the deed of conveyance but the O.Ps failed and neglected to do the same. Hence, this case praying for direction upon the O.Ps for  execution and registration of the deed of conveyance and to hand over possession of the flat in question, to hand over completion certificate of the building, to pay compensation of Rs.2,50,000/-, cost of Rs.50,000/- etc.

            The O.P-2 did not contest the case inspite of serving summon ,for which case is proceeding in exparte against O.P:-2 and all the documents produced by the complainant against the O.Ps are being unchallenged piece of testimony and are considered as true.

            The O.P-1 filed written version but after that he did not appear and did not take part in the argument.

            In the written version filed by the O.P-1series, they denied and disputed all the material allegations leveled against them ,contending inter alia that they are ready and willing to hand over possession in favour of the complainant and to execute and register the deed of conveyance in favour of the complainant . They pray for  not to impose any compensation against them.

 

Points for Decision

1. Whether the complainant is a Consumer or not.
2. Whether there is any deficiency in service on the part of the O.Ps or not.
3. Whether the complainant is eligible to get relief as prayed for partly or fully.

Decision with reasons

            All the points are taken together as they are interlinked.

 

It is crystal clear from the record that inspite of paying full  consideration money to the O.P-1, the possession of the flat has not yet been handed over to the complainant and  the deed of conveyance in respect of the  flat in question was not executed and registered by the O.Ps in the name of the complainant. It is settled principle of law that in case of flat/plot delay to hand over the possession and/or delay to execute and register the deed of conveyance in the name of the complainant in respect of the developed property in question amounts to deficiency in service. Therefore, we have no hesitation to hold that O.Ps have committed deficiency in service towards the complainant/consumer and is liable to hand over possession of the flat and to execute and register the deed of conveyance and it is also beyond doubt that for this, complainant has to suffer irreparable loss and injury and has to face tremendous mental agony, harassment and financial loss and for that , developer O.P-1 is  also liable to pay compensation to the Complainant due to inaction and deficiency in service of the O.P-1 who has received the total consideration from the complainant. Therefore, the complainant is a consumer under section 2(1)(d)(ii) of the C.P Act and O.Ps are  service provider under section 2(1)(o) of the C.P Act and the complainant entitled to get  relief as prayed for.

                        Thus all the points are discussed in favour of the complainant.

            Hence,

                                                                        Ordered

The application under section 12 of the C.P Act is allowed in exparte against the O.Ps.

The O.P-1 is directed to hand over possession of the flat  and completion certificate of the building in question to the complainant within 45 days from the date of this order.

All the O.Ps are directed jointly and/or severally  to execute and register the deed of conveyance in respect of the flat in question in favour of the complainant within 45 days from the date of this order.

All the O.Ps are directed jointly and/or severally to pay compensation to the tune of Rs.2,50,000/- and cost of Rs.10,000/- to the complainant  within 45 days from this order, failing which

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              

Let a plain copy of Judgment be supplied to the parties free of cost as per rule.

 

Member                                   Member                                                                                   President                                

 

Dictated and corrected by me

 

 

                        Member

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The judgment in separate sheet is ready and is delivered in open Forum. As it is ,

 

Ordered

The application under section 12 of the C.P Act is allowed in exparte against the O.Ps.

The O.P-1 is directed to hand over possession of the flat  and completion certificate of the building in question to the complainant within 45 days from the date of this order.

All the O.Ps are directed jointly and/or severally  to execute and register the deed of conveyance in respect of the flat in question in favour of the complainant within 45 days from the date of this order.

All the O.Ps are directed jointly and/or severally to pay compensation to the tune of Rs.2,50,000/- and cost of Rs.10,000/- to the complainant  within 45 days from this order, failing which

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              

Let a plain copy of Judgment be supplied to the parties free of cost as per rule.

 

Member                                   Member                                                                                   President