West Bengal

South 24 Parganas

CC/448/2015

1. Smt. Purabi Maitra, W/O Late Prodyor Kumar Moitra. - Complainant(s)

Versus

1. M/S. Ma Adya Construction. - Opp.Party(s)

Madan Mohan Das.

28 Mar 2016

ORDER

DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS

Amantran Bazar Complex, Baruipur, Kulpi Road,  KOLKATA-700 144

 

C.C. CASE NO. _448   OF ___2015____

 

DATE OF FILING : 6.10.2015     DATE OF PASSING JUDGEMENT:_28.03.2016 __

 

Present                        :   President       :   Udayan Mukhopadhyay

 

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

 

COMPLAINANT                  :  1. Smt. Purabi Maitra ,w/o late Prodyot Kumar Maitra, 29A, D.P.P Road, Kolkata – 47 represented by Sm. Suchita Sanyal a Constituted Attorney.

2.   Smt. Suchita Sanyal nee Maitra,w/.o Sri Pradip Kumar Sanyal daughter of late Prodyot Kumar Maitra, Srekrishna Apartment, Flat no.3A,  5A, Baishnabghata Bye Lane, Kolkata - 47

 

-VERSUS  -

 

O.P/O.Ps                                :     1.     M/s Ma Adya Construction, 35, Dhakuria Station Road, P.S. Lake, Kolkata – 31 a Partnership Firm represented by its Partners

                                                1a)    Sri Prodyut Kumar Chatterjee, 138, Rabindranagar, Dankuni, Hooghli Pin 712150

                                               1b)    Sri Santanu Chowdhury, P-41, Gariahat Road (South) , Dhakuria, Flat no.1A, P.S. Lake, Kolkata – 31.

                                               2. Sri Panchanan Chatterjee, dead, his legal heirs

                                               2a)    Smt. Sabita Chatterjee

                                               2b)     Abhijit Chatterjee

                                               2c)     Subhojit Chatterjee

                                               2d)     Smt. Anindita Mukherjee

                                               All of 29A, D.P.P Road, P.S. Netaji Nagar, Kolkata – 47

________________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

 

            Udayan Mukhopadhyay, President

             In a nutshell the case of the complainant is that he has purchased a land measuring 2 cotahs 10 chittaks more or less at premises no.29/A, D.P.P. Road, P.S. Netaji Nagar, Kolkata – 47 which is shown in Schedule A. The O.P -1 is developer and builder and other O.Ps are land owners. It is stated that during the lifetime of Panchanan Chatterjee both the land owner and developer entered into a development agreement on 16.8.1997 for construction of a three storied building consisting of several flats according to the sanctioned plan ,for which this complainant has his wife entered into an agreement for sale on 4.5.2001 with the developer who was also lawful attorney of land owner for purchasing a flat measuring 650 sq.ft on second floor  backside of three storied building as per sanctioned plan . This complainant paid Rs.4,40,000/-  out of Rs.4,55,000/- from time to time to the developer and developer was also satisfied with the payment and possession of the flat was given on 3^rd December, 2005 and thereby the complainant is still in possession. But after taking complainant requested the O.Ps to execute and register the deed of conveyance and to hand over the completion certificate taking rest consideration money of Rs.15000/- but not fruitful result has come out. Hence, this case with the prayer for execution and registration for the deed of conveyance of the flat as well as compensation of Rs. 4 lacs for enhancement of stamp duty , litigation cost of Rs.15000/- and complainant is ready to pay balance consideration money on the date of execution and registration of the flat as well as completion certificate.

            Inspite of serving summon none appears to contest the case and the complainant also takes steps for paper publication against remaining O.Ps ,against whom service was not satisfied. But inspite of that none appears on behalf of the O.Ps, thereby, the case was heard in exparte.

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

                                                                        Decision with reasons

            Admittedly out of Rs.4,55,000/- , Rs.4,40,000/- already paid and balance money required to be paid is Rs.15000/-. It is also admitted that possession was delivered by the developer.

            Now question is that registration of the flat is badly needed as well as compensation but we are in dark in what circumstances registration of the flat is withheld by the developer as well as land owners. So, it is a glaring example of deficiency in service . We have nothing to disbelieve the contention of the complainant , particularly when the allegation is not corroborated by the O.Ps by filing written version inspite of issuance of summon. On the other hand from the money receipt and the possession certificate it is clear that complainant has already complied his part of agreement and there is no deficiency in service on the part of the complainant, for which, complainant has been able to prove his allegations against the O.Ps.

            Hence,

                                                                        Ordered

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

The O.Ps are directed to execute and register the deed of conveyance of the B Schedule Property within 30 days from the date of this order, failing which, complainant is at liberty to approach this Bench for appointment of machinery of the Forum to get the deed of conveyance executed and registered in their favour.

The O.P nos. 1a  and 1b ,who are the directors of O.P-1, are specifically directed to arrange for completion certificate within the date fixed and complainant is also directed to hand over the remaining consideration money of Rs.15000/- on the date of handing over the completion certificate to the O.P nos. 1a   and 1b.

All the O.Ps are directed to pay compensation to the tune of Rs.4 lacs and enhanced stamp duty of Rs.2 lacs to the complainant as well as litigation cost of Rs.2000/- which will be borne by all the O.Ps jointly and/or severally within 30 days from the date of this order, failing which, interest will carry @15% p.a till its realization from the date of default.

Complainant is at liberty to execute the order after 30 days from the date of this order.

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

 

 

                        President

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

 

            Ordered

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

The O.Ps are directed to execute and register the deed of conveyance of the B Schedule Property within 30 days from the date of this order, failing which, complainant is at liberty to approach this Bench for appointment of machinery of the Forum to get the deed of conveyance executed and registered in their favour.

The O.P nos. 1a  and 1b ,who are the directors of O.P-1, are specifically directed to arrange for completion certificate within the date fixed and complainant is also directed to hand over the remaining consideration money of Rs.15000/- on the date of handing over the completion certificate to the O.P nos. 1a   and 1b.

All the O.Ps are directed to pay compensation to the tune of Rs.4 lacs and enhanced stamp duty of Rs.2 lacs to the complainant as well as litigation cost of Rs.2000/- which will be borne by all the O.Ps jointly and/or severally within 30 days from the date of this order, failing which, interest will carry @15% p.a till its realization from the date of default.

Complainant is at liberty to execute the order after 30 days from the date of this order.

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

 

                                    Member                                                                                   President