DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR,

 KOLKATA-700 0144

      C.C. CASE  NO. __15 _ OF ___2019

DATE OF FILING :_28.01..2019                DATE OF  JUDGEMENT:  30.4.2019

Present                 :   President       :   Ananta Kumar Kapri

                                 Member(s)    :    Jhunu Prasad

COMPLAINANT   :    Sri Basudev Dutta, son of late Baishnab Chandra Dutta of Village Ramchandrapur (N), Biswaspara, P.O Narendrapur, P.S Narendrapur, Kolkata-103.

•  VERSUS  -

O.P/O.Ps                    :  .1  M/s Mahavir Construction and Developer, represented by its Partner Sri Sishupal Tanti, son of Sri Mintu Tanti of Village Ramchandrapur (N), P.O Narendrapur, P.S Narendrapur, Kolkata-103.

                                    2.    Sri Sishupal Tanti, son of Sri Mintu Tanti of Village Ramchandrapur (N), P.O Narendrapur, P.S Narendrapur, Kolkata-103.

                                  3.   Sri Biplab Naskar, son of Sri Kashi Nath Naskar of Village- Rathtala Ramchandrapur (N), P.O Narendrapur, P.S Narendrapur, Kolkata-103.

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                                                J  U  D  G  M  E  N  T

Sri Ananta Kumar  Kapri, President

            Facts leading to the filing of the instant case may be epitomized as follows.

             The complainant is the land owner and he entrusted the O.P with the task of raising a multi storied building on his land. The O.P also agreed to raise such a building. Construction of building was also completed and thereafter the O.P delivered owner’s allocation in terms of the agreement concluded between the parties to the complainant. But , the car parking space and completion certificate are not provided to the complainant by the O.P/developers. Constant persuasions in this regard by the complainant has failed to produce any effect upon the O.Ps. Therefore, the complainant has filed the instant case , praying for delivery of car parking space , completion certificate and also compensation etc. Hence, this case.

            Admitting the claims of the complainant, the O.P has filed written statement  ,wherein it is mainly contended that he is always ready to deliver completion certificate and car parking space to the complainant. But, he has never been approached to by the complainant even for a single moment and, therefore, the complainant is not entitled to any kind of compensation as prayed for by him.  

DECISION WITH REASONS

          In the instant case, the claim of the complainant stands admitted by the O.P/developer. The O.P/developer admits that the completion certificate and the car parking space have not been delivered to the complainant. His excuse is that the complainant has never approached to him with request for delivery of all these things. Had he come to him once, he would have delivered all these things to the complainant.

        It is fact that the flat/flats have been delivered to the complainant ; but, the car parking space and completion certificate have not been delivered. The O.P/developers should have delivered car parking space to the complainant at the time of delivery of owner’s allocation . Delivery of car parking space is also included within the owner’s allocation and the O.P/developer has agreed to deliver the owner’s allocation to the complainant. Non-delivery of the car parking space to the complainant implies that the development agreement has not been complied with by the O.P/developer in whole. Partial compliance of an agreement by the developer tantamounts  to deficiency in service and, therefore, the developer will have to pay compensation to the complainant.

            Further, the complainant has prayed for possession of his title deed which he delivered to the developer at the time of execution of development agreement. The developer admits that the said title deed is in his possession. He submits that the complainant has no right to get the custody of that title deed , because the said title deed will remain in the custody of flat owners ‘ association after the completion of construction of the building. The property of the complainant becomes a joint property by virtue of development agreement and power of attorney executed in favour of the developer. The title deed of the complainant no longer remains the exclusive property of him; it becomes the property of all flat owners . So, in this perspective, it seems that complainant is not entitled to exclusive custody of his title deed.

         In the result, the case succeeds.

         Hence,

                                                      ORDERED

            That the complaint case be and the same is decreed on contest on admission against the O.Ps  with a cost of Rs.10,000/- .

            The O.Ps/developers are directed to deliver the vacant possession of car parking space as well as completion certificate in terms of the agreement to the complainant within a month of this order failing which the complainant is at liberty to execute this order with the machinery of this Forum and in that case, the O.P will have to pay  a sum of Rs.30,000/- as compensation to the complainant within a month thereafter and if it is not paid within that period, the compensation amount and cost amount will bear interest @10% p.a till full realization thereof.  

             Registrar-In-Charge of this Forum is directed to deliver a copy of the judgment free of cost to the parties concerned.

                                                                                                                   President

I / We agree

                                                          Member

          Dictated and corrected by me

                           President