West Bengal

South 24 Parganas

CC/454/2015

Sri Ajit Kr. Dey. S/O Late Santi Kumar Dey. - Complainant(s)

Versus

1. M/S. Art Construction A partnership Firm. - Opp.Party(s)

29 Jun 2016

ORDER

DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

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

 

C.C. CASE NO. _454   OF ___2015____

 

DATE OF FILING : 6.10.2015     DATE OF PASSING JUDGEMENT:_29.6.2016

 

Present                         :   President       :   Udayan Mukhopadhyay

 

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

 

COMPLAINANT                   :   Sri Ajit Kumar Dey,s/o late Santi Kumar Dey, at 3, Dwarick Mukherjee Road ( bearing postal address 12, Dwarick Mukherjee Road), P.S. Parnasree, Kolkata – 60.

 

-VERSUS  -

 

O.P/O.Ps                                :    1. M/s Art Construction of 85, JK Paul Road, P.S. Parnasree, Kol-60

                                                    2. Sarbani Das, 93, Brahma Samaj Road, P.S. Parnasree,Kol- 34

                                                    3. Sri Swapan Roy, 42/F/1, Bisalkshmi Tala Road, P.S. Parnasree,

      Kol- 60.

4.Nanda Lal Paul, 37/1, Abhay Bidyalankar Road, P.S Parnasree,  

Kolkata – 60

5. Sri Surajit Sen, 85, JK Paul Road, P.S. Behala, Kolkata – 38

6.  Sonamoni Rana, d/o Prasad Bala Rana of 3, Dwarick Mukherjee Road, P.S. Parnasree, Kolkata – 60.

7.     Saroma Das, d/o Prasad bala Rana,392/D, Maharani Indira Devi Road, P.S Parnasree, Kolkkata – 60.

 

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                                                            J  U  D  G  E  M  E  N  T

 

            Smt. Sharmi Basu, Member

             In a nutshell the case of the complainant is that he entered into an agreement for sale on 7.1.2002 with the O.P nos. 1 to 5 ,being the developers, for purchasing a portion of developers’ share being unit no.2 measuring 700 sq.ft on the Northern Side of Ground Floor at the newly constructed building at premises no.3, Dwarick Mukherjee Road (bearing postal address 12, Dwarick Mukherjee Road), P.S. Parnasree, Kolkata – 60 at a consideration of Rs.6,65,000/- which the complainant paid to the O.Ps. After complainant had expressed his intention to purchase an additional area of about 259.95 sq.ft on the adjacent western side in the ground floor over and above the quantum of space already agreed upon and as the O.P nos. 1 to 5 had such space available for sale, they agreed to sell the same to the complainant on additional payment of Rs.3,11,600/-  and payment made. Accordingly complainant becomes owner of 959.95 sq.ft area at the Northern East and West side of ground floor of the said premises. After payment of full consideration of Rs.9,76,600/- the O.Ps handed over possession of the same to the complainant in the year 2008 with unfinished condition of the additional area. Inspite of several requests when the O.Ps neglected to complete the unfinished works , complainant constrained to complete the same in the year 2010 incurring expenses amounting to Rs.2,00,000/-. But the O.Ps failed and neglected to execute and register the deed of conveyance in respect of the possessed area. Hence, this case praying for execution and registration of the deed of conveyance in respect of the flat and additional area  in default through machinery of the Forum, to pay Rs.2 lacs towards completion of the unfinished works, Rs.3 lacs towards compensation, Rs.2 lacs towards special damages , Rs.50,000/- towards cost of the case.

            Inspite of service of summons upon the O.Ps, they are reluctant to appear and contest the case, for which case has proceeded in exparte 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

            Before going into the merits of the case, it is needed to be mentioned that even after valid service of notice to O.Ps, have not appeared before this Forum and Forum has no other alternative but to adjudicate the instant case exparte against the O.Ps.

            After scrutinizing vividly the complaint petition which is filed on affidavit, evidence  and all the documents brought before this Forum by the complainant and hearing minutely the case of the complainant, it is crystal clear that being interested to purchase a flat the complainant entered into an agreement for sale with the O.Ps on 07.01.2002, but till the date of hearing of Argument of the instant case the Deed of Conveyance of the suit flat has not been executed and registered in the name of the complainant. Here it is pertinent to mention that as the case was heard exparte, this Forum has observed all the documents filed by the complainant being unchallenged piece of testimony,as true. Therefore, considering the four corners of the case, we have no hesitation to hold that  op 1 to 5 ,being developer and O.P. 6 and 7, being land-owner are duty bound to execute and register the deed of conveyance of the flat in question in favour of the complainant. This is also beyond doubt that , due to aforesaid negligence and deficiency in rendering service of all the O.Ps to execute and register the Deed of Conveyance of the flat in question in favour of the complainant as per agreement for sale within a moderate and reasonable time even till the  date of hearing of the instant case has caused not only huge financial loss due to enhancement of expenditure for Stamp Duty but also immense mental agony and tremendous harassment and O.Ps are liable to aptly compensate the complainant.

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

            Therefore, case of the complainant succeeds.

 

            Hence,

                                                            Ordered

That the case be and the same is allowed exparte with cost.

The O.Ps are jointly and/or severally directed to execute and register the deed of conveyance in favour of the complainant regarding the flat in question as per the schedule mentioned in the complaint petition  and also to pay compensation of Rs.50,000/- for suffering mental agony and harassment , and also to pay litigation cost of Rs.5,000/- to the complainant within 45 days from the date of this order, failing which, O.Ps have to pay penal interest @ 10% p.a after completion of the stipulated period of 45 days till full and final compliance, in default complainant is at liberty to file execution case before this forum under the provision of the C.O.P.R.A’86.

Let a plain copy of Judgment be supplied to the complainant free of cost and a copy of this judgment be sent to the O.Ps through speed post as per rule.

 

 

Member                                                           Member                                               President                                             

 

 

Dictated and corrected by me

 

 

 

                        Member

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

 

           

                                                            Ordered

That the case be and the same is allowed exparte with cost.

The O.Ps are jointly and/or severally directed to execute and register the deed of conveyance in favour of the complainant regarding the flat in question as per the schedule mentioned in the complaint petition  and also to pay compensation of Rs.50,000/- for suffering mental agony and harassment , and also to pay litigation cost of Rs.5,000/- to the complainant within 45 days from the date of this order, failing which, O.Ps have to pay penal interest @ 10% p.a after completion of the stipulated period of 45 days till full and final compliance, in default complainant is at liberty to file execution case before this forum under the provision of the C.O.P.R.A’86 

Let a plain copy of Judgment be supplied to the complainant free of cost and a copy of this judgment be sent to the O.Ps through speed post as per rule.

 

 

Member                                                           Member                                               President