C. C. No-149/2019
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SOUTH 24 PARGANAES
Amatran Bazer, Baruipur, Kolkata-700144
C. C. CASE NO 149 Of 2019
Date of filing: - 30/8/2019 Date of Judgment- 15/01/2019
Present : President- Ananta Kumar Kapri
Members- Jhunu Prasad and Jagadish Chandra Barman
Complainant : Smt. Piyali Mondal
Wife of Sri Bikash Mondal
Doulatpur, Vivekananda Pally
Police Station- Maheshtala
Kolkata-700139
VERSUS
Opposite Party : 1. M/S Taramoyee Enterprise
Propritress- Smt. Namita Halder
Wife of Sri Jawaharlal Haldar
Parbangla post office
Police Station- Maheshtala
Kolkata-700140
2] Smt Ila Saha
3] Sekhar Saha
4] Sikha Saha
5] Pratk Saha
6] Lla Saha
7] Palash Saha
2 to 7 all are residing at
Daulatpur, Ward no- 30.
Maheshtala,
Kolkata-700139
JUDGEMENT
Sri Jagadish Chandra Barman, Member.
The facts leading to the filing of the instant case by the complainant may be epitomized as below:-
The complainant was searching flats for accommodation for her dwelling purpose. Later she (complainant) met the opposite party. At that time, the opposite party had proposed her to be a partner in construction works with her (O. P.) and thereafter the complainant signed a Partnership Deed on 30/9/2013 with the Opposite Party no. 1 for construction of buildings. As per the agreement dated 30/9/2013, the complainant initially was a developer with the opposite party no-1. But after elapsing of 1 year 6 month of this agreement, she (complainant) converted herself from a developer to a purchaser because of her (complainant) personal problem. As a developer the complainant paid Rs.3, 00,000=00 ( Rs.three lac) only as earnest money to the O.P. No. 1.
The complainant, thereafter, signed another Agreement of Sale in Bengali with the O.P. No.- 1 on 19/3/2015. As per agreement, the complainant settled to get 3 flats in the first floor of measuring 574 sq feet, 400 sq. feet and another one also of 400 sq. feet in total 1374 sq. feet as super built up area. The opposite party also agreed to sell these 3 flats in total Rs. 17, 86,200=00 ( Rs. Seventeen lac eighty six thousand and two hundred ) only. Thereafter, the complainant paid respectively by cash Rs. 50,000=00 on 20/3/2015, Rs.1,00,000=00 on 27/3/2015, by cheque Rs. 1,50,000=00 on 24/4/2015,Rs. 50,000=00 on 4/7/2015, Rs. 1,00,000=00 on 24/8/2015, Rs. 1,50,000=00 only on 9/9/2015, Rs.1,00,000=00 on 20/5/2016. In total Rs 7, 00,000=00 only. So the purchaser paid grand total Rs. 10, 00,000=00 (Rs. Ten lac) only to the O.P.
The complainant, thereafter, requested the opposite party to complete construction and she also informed O.P. No 1 that she (complainant) would pay the due amount at the time of registration. She complained that even after getting Rs 10,00,000=00 (ten lac) only the O. P. No. 1 did not complete as well as hand over the said flats to the complainant. Later the complainant was compelled to issue a notice through a learned lawyer on 23/5/2019 to the opposite party no.1 .Through that notice the O. P. No.1 was requested to hand over 3 flats of measuring 574 sq. feet, 400 sq. feet, and another of 400 sq. feet, in total of 1374 sq. feet in the 1st floor of the said building. The complainant also requested the O. P. No. 1 to execute the Deed of Conveyance in favour of her (complainant) .But the O. P. No. 1 did not pay any heed to the grievances of the complainant.
At last, the complainant came to complaint the matter to the Learned Forum of the Consumer Disputes Redressal Forum, South 24 Parganas located at Baruipur. We also heard the case and perused the documents. As a result, the case was admitted. This Forum of South 24 Parganas sent by speed post a set of complaint letters to the Opposite Parties on 22/10/2019 and as per postal truck records, all the notices were served in time. In this instant case, the opposite parties 2 to 7, being the land owners, are under obligation to execute and register the Deed of Conveyance in respect of the flats in question in favour of the complainant.
In this instant complaint case, the complainant requested Forum to issue direction to the opposite parties to complete construction and after completion to hand over the flats, to issue completion certificate, to execute and register the Deed of Conveyance in favour of the complainant. The complainant also demanded Rs. 1, 00,000=00 only as compensation amount for harassment, mental agony, and Rs. 50,000=00 only as costing charge etc.
However, no opposite parties were present to challenge the case on the schedule dates of hearings. So the instant case is heard Exparte.
Upon the averments of the complainant, the following points are formulated for the consideration.
POINTS FOR DETERMNATION.
- Is the complainant a consumer?
- Are the O.Ps. guilty of deficiency of service and unfair trade practice as alleged by the complainant?
- Is the complainant entitled to get relief or relieves as prayed for?
EVIDENCE OF THE PARTY
Petition of complaint is treated as evidence of the complainant.
DECISION WITH REASONS
Points Nos. 1, 2, & 3
The complainant paid Rs 3,00,000=00 only initially as earnest money to the O.P. No. 1. It is clearly agreed in the Partnership Deed signed on 30/9/2013.There is also another Agreement of Sale in Bengali with the O.P. No.- 1 on 19/3/2015. As per agreement, the complainant settled to get 3 flats in the first floor of measuring 574 sq feet, 400 sq. feet and another one also of 400 sq. feet in total 1374 sq. feet as super built up area. The opposite party also agreed to sell these 3 flats in total Rs. 17, 86,200=00 ( Rs. Seventeen lac eighty six thousand and two hundred ) only. Thereafter, the complainant paid respectively by cash Rs. 50,000=00 on 20/3/2015 and Rs.1, 00,000=00 on 27/3/2015. Cash amount of Rs. 1,50,000=00 was received by by Mrs Namita Halder (O. P. ). The complainant also issued cheques. Cheque of Rs. 1,50,000=00 on 24/4/2015,Rs. 50,000=00 on 4/7/2015, Rs. 1,00,000=00 on 24/8/2015, Rs. 1,50,000=00 only on 9/9/2015, 1,00,000=00 on 20/5/2016 and all the cheques were received by Mrs Namita Halder (O. P. 1),. In total Rs 7, 00,000=00 only. So the complainant paid grand total Rs. 10, 00,000=00 (Rs. Ten lac) only to the O.P.1.
It is clear from the signatures of Mrs. Namita Halder (O.P.1) upon the revenue stamps on different dates that she (O.P.) has taken Rs. 10,00,000=00 only from the complainant Smt. Piyali Mondal. Hence it is clear that Smt Piyali Mondal is clearly a consumer under Section 2 (d) of the Consumer Protection Act 1986. Therefore, the opposite party no- 1 has taken Rs 10,00,000=00 only by giving assurance of providing 3 flats of 1374 sq. feet (approx.) in the first floor of the said building, but the opposite party no 1 neither completed the said building to hand over to the complainant nor made Deed of Conveyance , issued any possession letter.
So this is a crystal clear case to us that the opposite party 1 is only interested to collect money from the persons of different places but she (O.P.) is not interested to keep her promise to complete the building as per written agreement. Hence, there are certainly deficiency of service as per Section 2(1) (g) and unfair trade practice as per Section 2(1) (r) of the Consumer Protection Act 1986 that occurred on behalf of the Opposite Parties.
Not only that the opposite party no 1 and all land owners received the notices of the Forum, but also we are to note it down that none of them was present on any stipulated dates of hearings. So the complaint case is unchallenged by the opposite parties and their views are unknown. So the case is heard exparte and we have taken the decisions on the basis of merit of documentary evidences of this instant case and the complainant is entitled to get relieves.
In the result, the case succeeds.
Hence,
Ordered
That the complaint case be and the same is decreed exparte against the opposite parties with a cost of Rs. 10,000=00 only jointly/severally.
Opposite parties are directed to complete the said construction and hand over 3 flats of 1374 sq. feet area in the 1st floor to the complainant within 45 days from the date of this order. The opposite parties are also directed to execute and register the Deed of Conveyance of the said flats and issue a possession letter, completion certificate within 45 days.
The O.Ps. are also directed to pay a sum of Rs. 1,00,000=00 (Rs. One lac) only as compensation for mental agony and harassment, sustained by the complainant, within the aforesaid period of 45 days, failing which the compensation amount with cost will bear interest @10% p.a.from the date of this order to till full realization thereof.
Register-in-Charge of this learned Forum is directed to hand over a copy of judgment free of cost at once to the concerned parties by speed post.
I/We agree.
Member Member President
Dictated and corrected by me
Member
The judgment in separate sheet is ready and is delivered in open Forum. As it is,
Ordered
That the complaint case be and the same is decreed exparte against the opposite parties with a cost of Rs. 10,000=00 only jointly/severally.
Opposite parties are directed to complete the said construction and hand over 3 flats of 1374 sq. feet area in the 1st floor to the complainant within 45 days from the date of this order. The opposite parties are also directed to execute and register the Deed of Conveyance of the said flats and issue a possession letter, completion certificate within 45 days.
The O.Ps. are also directed to pay a sum of Rs. 1,00,000=00 (Rs. One lac) only as compensation for mental agony and harassment, sustained by the complainant, within the aforesaid period of 45 days, failing which the compensation amount with cost will bear interest @10% p.a.from the date of this order to till full realization thereof.
Register-in-Charge of this learned Forum is directed to hand over a copy of judgment free of cost at once to the concerned parties by speed post.
I/We agree.
Member Member President
Dictated and corrected by me
Member
