West Bengal

South 24 Parganas

CC/34/2016

Smt. Krishna Mondal,Wife of Ajit Mondal. - Complainant(s)

Versus

1. M/S. Ideal Construction. a partnership Firm. - Opp.Party(s)

Santi Sena Das.

04 Oct 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 0144

 

      C.C. CASE NO. _34_ OF ___2016_

 

DATE OF FILING : 6.4.2016                       DATE OF PASSING JUDGEMENT:  4.10.2016

 

Present                        :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :   Sharmi Basu & Subrata Sarker

                                                                             

COMPLAINANT        :    Smt. Krishna Mondal,w/o Ajit Mondal of Dingel Pota, P.O Dingel Pota, P.S. Sonarpur, Kolkata – 103.

 

-VERSUS  -

 

O.P/O.Ps                            :     1.   M/s Ideal Construction of 1/98, Naktala Govt Scheme-I, Naktala ,P.S Jadavpur, Kolkata – 47.

                                               2.    Sri Suman Kumar Dey,s/o Sri Bhola Nath Dey of 251/A/6A, N.S.C Bose Road, P.S. Jadavpur, Kolkata – 47.

                                               3.     Sri Suvendu Chowdhury,s/o Sri S.K. Chowdhury of 476, Purba Pra, Laskarpur, Kusum Kunja Apartment, P.S. Sonarpur, Kolkata – 153.

                                               4.    Sri Atanu Chakraborty,s/o Tara Kanta Chakraborty of 10/60A, Bijoygarh, P.S. Jadavpur, Kolkata – 32.

_______________________________________________________________________

                                                            J  U  D  G  E  M  E  N  T

Udayan Mukhopadhyay, President

This is an application under section 12 of the C.P Act, 1986 filed by the complainant on the ground that he entered into a Development Agreement with the developer to develop the property on 15.3.2011 and complainant also executed a registered Power of Attorney for construction of the proposed new building which was completed on December, 2013 by the developer and accordingly developer handed over possession to the other owners excepting the allocation of the complainant in order to give trouble and harassment to the complainant. As such complainant has been suffering financial loss of Rs.5000/- per month due to negligence on the part of the developer since the end of 2013. Complainant has claimed that it is her urgent need to take possession of her allocation in the proposed building since complainant has no other source of income. It has further stated that complainant sent a lawyer’s notice  for delivery of possession of the concerned flat . Hence, this complaint for handing over possession of her allocation of flat as mentioned in the schedule in favour of the complainant and necessary allocation letter and also prays for restraining the O.Ps from selling , alienating, transferring the said flat to any third party or parties.

None of the O.Ps is contesting the case even after receiving summon , for which, the case is running in exparte against them .

Points for decision in this case is whether there is any deficiency in service or unfair trade practice on the part of the O.Ps or not.

                                                            Decision with reasons

Admittedly there was a development agreement between the complainant and M/s Ideal Construction, wherein the partners  of O.P-1 are Suman Kumar Dey, Suvendu Chowdhury and Atanu Chakrabortty who are O.P nos. 2 to 4. Thus, we find that developers intentionally did not contest the case and their non-contesting the case clearly and impliedly proved that allegation of the complainant is very genuine and since the complainant is a member of the weaker section of the society, taking that advantage developer wanted to grab the said flat and wanted to transfer the said flat to the third party ,so that this innocent complainant faced further litigation.

So, this type of unruly unfair trade practice should be stopped, otherwise the owners will get fear to hand over their land to the developers and by that development agreement many outsiders are also getting their dream house. But if this type of act is going on then the tears of the land owners will not be meted out by passing any Act. So, it is clearly unfair trade practice. It is needless to say that complainant wants to get his allocation even she does not pray for compensation and cost which is unheard in this procedure and she is contesting the case paying her good money from her own pocket.

Be that as it may, we find that non-allocation of her flat  as mentioned in the second schedule in the head (description of the owners’ allocation) is nothing but a deficiency in service and unfair trade practice on the part of the O.Ps.

Accordingly, it is

                                                            Ordered

That the complaint case is allowed in exparte against the O.Ps.

The O.Ps are hereby directed to allot the above noted self contained residential flat  situated at the backside of 2^nd floor comprising of 2 bed rooms, 1 drawing cum dining room, 1 toilet, 1 W.C , 1 kitchen and 1 balcony measuring about 950 sq.ft super built up area along with one shop room at premises no.10, Vivekananda Sarani, Elachi, P.O Narndrapur, P.S. Sonarpur, Kolkata – 103 to the complainant within 30 days from the date of this order, failing which O.Ps jointly and/or severally have to bear punitive damage to the tune of Rs.10 lacs for their unfair trade practice and that amount will be deposited in the Consumer Legal Aid Fund for the need of the poor complainants.

All the O.Ps are also directed to issue allotment letter to the complainant for the said flat as well as hand over peaceful possession within the stipulated period of 30 days from this date.

All the O.Ps and their men and agents are hereby directed to restrain permanently from transferring, alienating, the said flat to any third parties save and except the complainant of this case.

If the O.Ps failed to deliver the said flat within the stipulated period of 30 days along with allotment letter then this complainant is at liberty to execute the order through this Forum and in that event Register-In-Charge will take initiative to recover the punitive damage through this Bench which will be deposited in the Consumer Legal Aid Fund for the welfare of the needy poor complainants.

Let a plain copy of this order be served upon the complainant free of cost and one copy be sent to the O.Ps through speed post.

Member                                                      Member                                                                President

Dictated and corrected by me

                               

                        President

 

 

 

 

 

 

 

 

 

 

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

                                               

Ordered

That the complaint case is allowed in exparte against the O.Ps.

The O.Ps are hereby directed to allot the above noted self contained residential flat  situated at the backside of 2^nd floor comprising of 2 bed rooms, 1 drawing cum dining room, 1 toilet, 1 W.C , 1 kitchen and 1 balcony measuring about 950 sq.ft super built up area along with one shop room at premises no.10, Vivekananda Sarani, Elachi, P.O Narndrapur, P.S. Sonarpur, Kolkata – 103 to the complainant within 30 days from the date of this order, failing which O.Ps jointly and/or severally have to bear punitive damage to the tune of Rs.10 lacs for their unfair trade practice and that amount will be deposited in the Consumer Legal Aid Fund for the need of the poor complainants.

All the O.Ps are also directed to issue allotment letter to the complainant for the said flat as well as hand over peaceful possession within the stipulated period of 30 days from this date.

All the O.Ps and their men and agents are hereby directed to restrain permanently from transferring, alienating, the said flat to any third parties save and except the complainant of this case.

If the O.Ps failed to deliver the said flat within the stipulated period of 30 days along with allotment letter then this complainant is at liberty to execute the order through this Forum and in that event Register-In-Charge will take initiative to recover the punitive damage through this Bench which will be deposited in the Consumer Legal Aid Fund for the welfare of the needy poor complainants.

Let a plain copy of this order be served upon the complainant free of cost and one copy be sent to the O.Ps through speed post.

Member                                                      Member                                                                President