DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR,

 KOLKATA-700 0144

      C.C. CASE NO. __112_ _ OF ___2018

DATE OF FILING : 3.10.2018      DATE OF PASSING JUDGEMENT:13 .2.2019

Present                 :   President       :   Ananta Kumar Kapri

                                 Member(s)    :    Subrata Sarker  

COMPLAINANT   :    Miss Oeindrila Sil, daughter of Sri Debdas Sil of 72, Canal Side Road, Rangamti Apartment, Garia, P.S Sonarpur, Kolkata-84.

•  VERSUS  -

O.P/O.Ps                    :  1.  M/s Rajib Home Solutions, at 19, Bidhanpally, P.O Garia, P.S Bansdroni, Kolkata-84.

                                    2.   Sri Rajib Das, Sole Proprietor of M/s Rajib Home Solutions , son of late Santi Ranjan Das of 42, Vivek Park, P.O Garia, P.S Bansdroni, Kolkata-84.

                                  3.   Smt. Fulu Rani Deb Barman, wife of late Dhirendra Kumar Deb Barman.

                                  4.  Sri kartick Deb Barman, son of Dhirendra Kumar Deb Barman.

                                  5.   Smt. Swapna Deb Barman, wife of late Mridul Deb Barman.

                                  6.    Smt. Sukla Lodh, wife of late Bindu Lodh

                                  All of 72, Canal Side Road, , Garia, P.S Sonarpur, Kolkata-84.

__________________________________________________________________

                                                J  U  D  G  M  E  N  T

 Sri Subrata Sarker, Member

                    Complainant has waited and waited for long six years and within this period, her expectation for a completion certificate to be given by her promoter i.e O.P-2 has ended in smoke. This frustration of the complainant has led her to file the instant case under section 12, C.P Act, 1986 , alleging deficiency in service on the part of the developers/O.P-2 for not delivering the completion certificate to her.

                   Briefly stated, the facts leading to the filing of the instant case run as follows.

                  The O.P nos. 1 and 2 are developers and O.P nos. 3,4,5 and 6 are land owners. O.p-2 being the Managing Director of O.P-1 agreed to sell a flat measuring 450 sq.ft covered area as succinctly described in Schedule to the petition of complaint, for a total consideration price of Rs.12 lac. Sale Agreement dated 16.72012 was executed by and between the O.p-2 and the complainant. Total payment of consideration price was also made by the complainant to the O.P-2. Registration of the flat has also been effected in favour of the complainant by the O.P-2 with delivery of possession on 14.8.2012. But , completion certificate is yet to be delivered to the complainants by the O.P-2 and ,therefore, the complainant has filed the instant case, praying for delivery of completion certificate to her and also for payment of compensation etc. Hence, this case.

                  O.P nos. 3,4,5 and 6 have entered into appearance and have also filed written statement ,wherein it is mainly contended that the complainant is not a consumer of them and they are not liable to the complainant for non-delivery of completion certificate. It is the developer i.e O.P-2 who is liable for giving completion certificate to the complainant. They have no deficiency in service on their part and the case should be dismissed in limini against them.

             O.P-5 has not entered appearance despite service of summons upon her, vide postal track report kept in the record and ,therefore, the case is heard exparte against her.

            O.P nos. 1 and 2 have filed written statement ,wherein it is contended inter alia that the completion certificate was already received by the complainant long ago. The case is filed with ill motive, with a purpose to squeeze money from him by the complainant. So, an hefty amount of compensation i.e Rs.5,50,000/- which is almost half the price of the flat ,is demanded by the complainant from him . He is ,however, ready all along to deliver certified copy of the completion certificate to the complainant , when so directed by the Forum.

              Upon the averments of the parties, the following points are formulated for consideration.

POINT FOR DETERMINATION

1. Are the O.P nos. 1 and 2  guilty of  deficiency in service for not providing the completion certificate to the complainant ?
2. Is the complainant  entitled to get relief or reliefs as prayed for ?

EVIDENCE OF THE PARTIES

         Evidence on affidavit is led by both the complainant only. No evidence whatsoever has been led on behalf of the O.P nos. 1 and 2.

DECISION WITH REASONS

Point no.1 & 2  :

In the instant case , it is the version of the complainant that she has got everything except the completion certificate  which has not been provided to her by her developer i.e O.P-2 inspite of her waiting for long six years.  The version of the O.P-2 is that the completion certificate has been delivered to the complainant long ago and that the  complainant has filed the instant case with the purpose of squeezing money from him.

The scope of discussion in this case is very narrow and it revolves round  one single point.  The point is whether the completion certificate has at all been delivered to the complainant by the O.P-2. It is normal human conduct that there must be an endorsement of the complainant acknowledging the receipt of completion certificate. The O.P-2 has not filed any document to prove that he once delivered completion certificate to the complainant. In absence of such a document of acknowledgement, we feel constrained to say that the plea taken by the O.P-2 that completion certificate was once delivered to the complainant by him , is nothing but apocryphal and, therefore, such plea is discarded by us.

Non-delivery of completion certificate to the purchaser by the developer of the flat is a monumental deficiency in service as the developer has a peremptory duty to supply it to the purchaser. The  purchaser is likely to face number of inconvenience in future without the completion certificate and, therefore, the developer i.e O.P-2 will have to supply it to the complainant. The complainant has certainly undergone a tremendous harassment and mental agony during the period of six years for non-receipt of completion certificate from O.P-2 and, therefore, the O.P-2 will have to pay compensation to the complainant.

In the result, the case succeeds.

              Hence,

ORDERED

             That the complaint case be and the same is allowed on contest  against the O.Ps 1 and 2  with a cost of Rs.5,000/- and dismissed exparte against the rest of the O.Ps without any cost.

            The O.P nos. 1 and 2 are directed to deliver the completion certificate of the flat to the complainant within a month of this order and also to pay a sum of Rs.10,000/- as compensation to the complainant within the aforesaid period of one month, failing which, the compensation amount and the cost amount will bear interest @8% p.a till full realization thereof.

         Let a free copy of this order be given to the parties concerned at once.   

                                                            President                                       Member

            Dictated and corrected by me

                                       Member