C. C. No-120/2019
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SOUTH 24 PARGANAES
Amatran Bazer, Baruipur, Kolkata-700144
C. CASE NO-120/2019
Date of filing: - 02/8/2019 .Date of Judgment- 17/03/2020
Present : ………………………………….. President
Jhunu Prasad (Member)
Jagadish Chandra Barman (Member)
Complainant : Smt. Kakali Das
Wife of Late Nepal Das
Vill. – Uttar Shyampur, Paruipara
P. S- Maheshtala
Kolkata-700137
Dist.- South 24 Parganas
VERSUS
Opposite Party : 1. M/S Black Heart Unique Traders
Shyampur
M.G. Road,
P. S- Maheshtala
Kolkata-700137
Dist.- South 24 Parganas
2. Sri Debabrata Sarker
Son of late Krishna Chandra Sarker
Vill. – Uttar Shyampur, Paruipara
P. S- Maheshtala
Kolkata-700137
Dist.- South 24 Parganas
3. Sri Pintu Pakhira
Son of Ananda Kumar Pakhira
Sarangabad, Chanditala
P. S- Maheshtala
Kolkata-700137
Dist.- South 24 Parganas
JUDGEMENT
Sri Jagadish Chandra Barman, Member.
The facts leading to the filing of the instant case by the complainant may be epitomized as below:-
The complainant with her husband Nepal Das (now deceased ) had contacted with the opposite parties with the intention to purchase a flat in the project “UMA APARTMENT” in the area of Maheshtala Municipality, ward no-35, holding no – B-2-25/A/New Shyampur Setna Road, P.S.-Maheshtala, district 24 Parganas(south) and booked a residential flat consisting of two bed rooms, one dining-cum-drawing-cum-kitchen room, one bath-cum-toilet, one W.C. and verandah having a super built up area of 690 sq. ft. (more or less) situated on the 3rd floor, north- eastern side of the building. The complainant also signed an AGREEMENT FOR SALE on 29/11/2011 with the opposite parties.
The said Agreement for Sale was signed in between 1. Sri Debarata Sarker, 2] Sri Pintu Pakhira being the partners and the power of Attorney holders of M/S Black Heart Unique Traders and 1] Sri Nepal Das (now deceased) 2] Smt Kakali Das . The value of the said flat was settled Rs. 7,00,000=00 (Rs. Seven lac) only. The opposite party assured the applicant to construct the building according to the sanctioned plan, design and specification duly recorded by the Maheshtala Municipality. It is also clearly stated down in the Agreement for Sale that the opposite parties would hand over the said complete building within 15 (fifteen) months from the date of AGREEENT FOR SALE.
To get the said flat within 15 months from 29/11/2011, the complainants paid in total Rs. 6, 80,000=00 only out of 7, 00,000=00 only.
The opposite parties also issued money receipt in two cases and signed in the documents at the time of receiving money.
The complainant requested several times to the Opposite Parties to prepare a “DEED OF CONVEYANCE” in favour of her, but as per her allegation, till the date of last hearing, the DEED OF CONVEYANCE is not done.
Having no alternative, the complainant filed a complaint before the Assistant Director of the Regional Office of Consumer Affairs and Fair Business Practice, South 24 Parganas for mediation purpose. But the process of mediation was unsuccessful. Thereafter, the complainant filed a complaint case on 02/8/2019 before this learned Forum and it was admitted on 14/8/2018. Accordingly the notices were served to the Opposite Parties and delivery of notices was confirmed according to postal truck report.
But the Opposite Parties did not bother to attend before the learned Forum on the stipulated dates and time. On the last chance on 28/11/2019 to submit written version O.Ps. were absent and written version was not submitted . So the matter was heard as Exparte.
Upon the averments of the complainant, the following points are formulated for the consideration.
POINTS FOR DETERMNATION
- Are the O. Ps. guilty of deficiency of service and unfair trade practice as alleged by the complainant?
- Is the complainant entitled to get relief or relieves as prayed for?
EVIDENCE OF THE PARTY
In order to set forth in the complaint deposed in the case as sole witness by swearing affidavit, the complainant also produced some documents to support her claim.
DECISION WITH REASONS
Points Nos. 1 & 2
On perusal of the records and documents, it is evident that the complainant with her husband Nepal Das (now deceased ) had contacted with the opposite parties with the intention to purchase a flat in the project UMA APARTMENT in the area of Maheshtala Municipality, ward no-35, holding no – B-2-25/A/New Shyampur Setna Road, P.S.-Maheshtala, district 24 Parganas(south) and booked a residential flat consisting of two bed rooms, one dining-cum-drawing-cum-kitchen room, one bath-cum-toilet, one W.C. and verandah having a super built up area of 690 sq. ft. (more or less) situated on the 3rd floor, north- eastern side of the building. The complainant also signed an AGREEMENT FOR SALE on 29/11/2011 with the opposite parties.
The said Agreement for Sale was signed in between 1. Sri Debarata Sarker, 2] Sri Pintu Pakhira being the partners and the power of Attorney holders of M/S Black Heart Unique Traders and 1] Sri Nepal Das (now deceased) 2] Smt Kakali Das . The value of the said flat was settled Rs. 7, 00,000=00 (Rs. Seven lac) only. The opposite party assured the applicant to construct the building according to the sanctioned plan, design and specification duly recorded by the Maheshtala Municipality. It is also clearly stated down in the Agreement for Sale that the opposite parties would hand over the said complete building within 15 (fifteen) months from the date of AGREEENT FOR SALE.
The complainant paid Rs. 6, 80,000=00 only out of total consideration amount Rs. 7, 00,000=00 only for the said flat within 17/12/2012. There was due Rs. 20,000=00 only to pay to the opposite parties. The attitude of the complainant and manner of payment are clear indication that the complainant would pay the due amount of Rs. 20,000=00 only if the opposite parties would prepare then a DEED OF CONVEYANCE in favour of the complainant. But the opposite parties neither prepared a DEED OF CONVEYANCE during the then period nor were they ready to provide the Registration of Deed even after submission of this instant complain case before this learned Forum. Even after receiving the complaint case copy, the opposite parties have not challenged the instant case.
From the documentary evidences submitted by the complainant, it is clear to us that the opposite parties have nothing to challenge as to the allegation against them because they ( O.Ps) are also quite aware that they have been deficiency in service and have done unfair trade practice to prepare Deed of Conveyance etc in favour of the complainant. Therefore the complainant is certainly entitled to get relieves in the instant case.
In the result, the case succeeds. Hence,
Ordered
That the complaint case be and the same is decreed Exparte against the O.Ps. with a cost of Rs. 10,000=00 only to be paid to the complainant.
The O. Ps. are directed to pay to the complainant a sum of Rs. 1.00,000=00 (one lac) for mental agony and harassment, sustained by the complainant, within a period of 30 days.
The O.Ps. are also directed to register the said flat and issue of Completion Certificate in favour of the complainant within 30 days from the date of this order and the complainant is also directed to pay the remaining balance, if any, before or on the date of Registration of Deed of Conveyance.
Failing which the compensation amount with cost will bear interest @10% p. a. from the date of this order to till full realization thereof.
Register-in-Charge of this learned Forum is directed to hand over a copy of judgment free of cost at once to the concerned parties by speed post.
Member
Member
Dictated and corrected by me
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 decreed Exparte against the O.Ps. with a cost of Rs. 10,000=00 only to be paid to the complainant.
The O. Ps. are directed to pay to the complainant a sum of Rs. 1.00,000=00 (one lac) for mental agony and harassment, sustained by the complainant, within a period of 30 days.
The O.Ps. are also directed to register the said flat and issue of Completion Certificate in favour of the complainant within 30 days from the date of this order and the complainant is also directed to pay the remaining balance, if any, before or on the date of Registration of Deed of Conveyance.
Failing which the compensation amount with cost will bear interest @10% p. a. from the date of this order to till full realization thereof.
Register-in-Charge of this learned Forum is directed to hand over a copy of judgment free of cost at once to the concerned parties by speed post.
