West Bengal

South 24 Parganas

CC/63/2015

Smt. Monika Das, Daughter of Late Kartick Chandra Das. - Complainant(s)

Versus

1. M/s. Raj Infrastructure. a partnership Firm. - Opp.Party(s)

Smt. Mousumi Chakraborty.

27 Apr 2015

ORDER

      DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

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

 

C.C. CASE NO. _63_ OF ___2015___

 

DATE OF FILING : 9.2.2015     DATE OF PASSING JUDGEMENT: 27.4.2015__

 

Present                        :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :    Dr. (Mrs.)  Shibani Chakraborty

                                                                             

COMPLAINANT             :   Smt. Monika Das, d/o lateKartick Chandra Das of Vidyasagar Sarani,

           North Reniya, P.O Bansdroni, P.S. Regent Park, Kolkata – 70.

 

-VERSUS  -

 

O.P/O.Ps                            :   1.     M/s Raj Infrastructure, represented by its Partners:

                                                2.    Sri Arup Chowdhury,s/o late Matindranath Choudhury

                                                3.     Sri Rajdeep Choudhury,s/o Sri Arup Choudhury

                                                Both of 4, Graham Road, P.S. Jadavpur, Kolkata – 40.

                                                4.     Smt. Renubala Shil, w/o Sri Subodh Chandra Shil of

                                                104/E, Aswini Nagar Colony, P.S. jadavpur, Kolkata – 40. 

________________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

 

Sri Udayan Mukhopadhyay, President                                    

            It is the short case of the complainant that in search of a suitable residential flat in the Jadavpur area she was impressed by the representation of the O.p nos. 2 and 3 who are the developers and entered into an agreement for sale on 9^th June, 2011 with the O.P-1 for purchasing a self contained flat measuring more or less 310 sq.ft super built up area on the 2^nd floor front side of the proposed building at premises no.104/E, Aswini Nagar Colony, Kolkata -40 at a consideration of Rs.3,08,000/- and complainant paid Rs.3,07,000/- out of Rs.3,08,000/- which was duly acknowledged by the O.P-1. Inspite of requests followed by lawyer’s notice, the O.Ps did not hand over possession of the flat and did not execute and register the deed of conveyance in respect of the flat and hence this case.

            Though summon was duly served and published in the Newspaper , the O.Ps did not appear. So, the case was heard exparte.

            Points 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

            At the very outset it must be stated that inspite of sending summon the O.Ps are very much reluctant to appear before this Forum and are waiting for exparte judgement and thereby they will prefer an appeal and get a chance of remand back the case after setting aside the exparte order and in that tactics the complainant will suffer economically.

On careful perusal of the documents we find that inspite of almost the entire amount remaining Rs.1000/- the complainant did not get possession of the flat and deed of conveyance.  After lapse of more than three years from the date of agreement for sale the said flat was neither handed over not taken any initiative to give registration of the deed of conveyance. So, the complainant compelled to file the case and inspite of sending summon by this Forum the O.Ps still are avoiding the process of this Forum that is why the case is taken up for exparte hearing. We have nothing to disbelieve the unchallenged testimony of the complainant ,particularly when payment of Rs.3,07,000/- out of Rs.3,08,000/- was duly acknowledged by the O.P-1.So, it is undoubtedly deficiency in service and unfair trade practice.

            Hence,

                                                                                    Ordered

That the application under section 12 of the C.P Act is allowed exparte against all the O.Ps with cost of Rs.10,000/-.

The O.Ps are directed to hand over the vacant possession of the flat measuring 310 sq.ft super built up area on the 2^nd floor front side of the proposed building at premises no.104/E, Aswini Nagar Colony, Kolkata -40  to the complainant and complainant is directed to pay remaining Rs.1000/-  to the O.P nos. 1,2 and 3 within 30 days from the date of this order.

O.Ps are further directed to execute and register the deed of conveyance in favour of the complainant within 45 days from the date of this order.

The O.Ps are further directed to pay compensation of Rs.50,000/- to the complainant within the above mentioned stipulated period, failing which the complainant is at liberty to execute the order through this Forum and also at liberty to approach before this Forum to get the deed of conveyance executed and registered through the machinery of the Forum and necessary direction will be given to the local P.S. for securing peaceful possession in the said flat ,if situation is so warranted.

Let a plain copy of this order  be sent to the O.P through this Forum and one copy be handed over to the complainant free of cost.

 

                                                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 exparte against all the O.Ps with cost of Rs.10,000/-.

The O.Ps are directed to hand over the vacant possession of the flat measuring 310 sq.ft super built up area on the 2^nd floor front side of the proposed building at premises no.104/E, Aswini Nagar Colony, Kolkata -40  to the complainant and complainant is directed to pay remaining Rs.1000/-  to the O.P nos. 1,2 and 3 within 30 days from the date of this order.

O.Ps are further directed to execute and register the deed of conveyance in favour of the complainant within 45 days from the date of this order.

The O.Ps are further directed to pay compensation of Rs.50,000/- to the complainant within the above mentioned stipulated period, failing which the complainant is at liberty to execute the order through this Forum and also at liberty to approach before this Forum to get the deed of conveyance executed and registered through the machinery of the Forum and necessary direction will be given to the local P.S. for securing peaceful possession in the said flat ,if situation is so warranted.

Let a plain copy of this order  be sent to the O.P through this Forum and one copy be handed over to the complainant free of cost.

 

                                                Member                                               President