West Bengal

South 24 Parganas

CC/173/2015

Sri Prabhat Dasgupta, S/O Sri Bimalendu Dasgupta. - Complainant(s)

Versus

1. M/S. Usha Construction a proprietor ship Firm. - Opp.Party(s)

Amit Kukar Mishra.

26 Aug 2015

ORDER

      DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

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

 

C.C. CASE NO. _173_ OF ___2015_____

 

DATE OF FILING : 7.4.2015     DATE OF PASSING JUDGEMENT:  26/08/2015.

 

Present                        :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :    Mrs. Sharmi Basu

                                                                             

COMPLAINANT             :   Sri Prabhat Dasgupta,s/o Sri Bimalendu Dasgupta of

           East Tentulberia, P.O Panchpota, P.S. Sonarpur, Kolkata – 152.

 

-VERSUS  -

 

O.P/O.Ps                            :  1.    M/s Usha Construiction , 60, Golf ClubRoad, P.S. Jadavpur,

Kolkata- 33, represented by its sole proprietor – Sri Manish Ram,s/o Sri Sunil Ram of 84/A, Santigarh, P.S. Jadavpur, Kolkata – 40. 

2.     Smt. Sati Chowdhury,w/o late Subhas Chowdhury of 109/C, Vivekananda Park, P.S. Regent Park, Kolkata – 84.

3.     Sri Biswa Nath Chowdhury,s/o late Phani Bhusan chowdhury of  109, Vivekananda Park, P.S. Regent Park, Kolkata – 84.

4.   Sri Shiba Prasad Chowdhury, s/o ,late Phani Bhusan Chowdhury of of 109/B, Vivekananda Park, P.S. Regent Park, Kolkata – 84.

5.  Debasish Chowdhury,s/o late Phani Bhusan Chowdhury of 15A, Kamdahari Govt. Scheme, P.S. Regent Park, Kolkata -84

 

 

________________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

 

Sri Udayan Mukhopadhyay, President                                    

            This is an application under section 12 of the C.P Act, 1986 filed by the complainant.

            It is the short case of the complainant that O.P-1 developer made a development agreement with the O.P nos. 2 to 5 ,who are the landlords for construction of one G+3 storied building in three cottah 2 chittak of land at Mouza Kamdahari , J.L. no.49, P.S. Regent Park, Dist. South 24-Parganas, 48, Kamdahari , Garia, Kolkata – 84 . It has further stated that out of the said development agreement O.P-1 got some flats out of developer’s allocation and intend to sell out the schedule flat measuring 360 sq.ft super built up area on the third floor and declared to sell out the said flat at a consideration of Rs.7 lacs and complainant also offered to purchase the said flat and agreed to pay Rs.7 lacs and out of that he has paid Rs.4,27,000/- in different dates after receiving money receipts nos.71, 72 , 73 and 85. It has claimed that although O.P-1 read over a draft of agreement in September 2013 but did not execute the same. Hence, this case, with a rpayer to execute and register the sale deed in favour of the complainant in respect of the schedule flat by the O.Ps and to hand over peaceful possession of the flat of the complainant and to pay Res.1,02,000/- as compensation along with cost. 

            The summon served upon O.p-1 returned with the postal remark “Not claimed” but other summons were returned with the remarks “Insufficient address” for which complainant sent the same and filed a track report from where we find that all the summons were served upon O.P nos. 2 to 5 ,that is why, 29.7.2015 was filed for filing written version by all the O.Ps ,in default exparte . But on that date neither the complainant nor the landowners , the O.Ps, appeared, that is why case is taken up for exparte hearing on 20.8.2015 and on that date complainant filed evidence on affidavit and argument was heard. That is the background of being heard of this case exparte.

            Points for decision is whether the O.Ps acted deficiency in service or unfair trade practice .

                                                            Decision with reasons

            It is a glaring example of unfair trade practice by the O.P-1 ,particularly when, he has supplied the agreement for sale but did not come forward to execute the same. A question may arise before the Superior Forum how this Forum can determine that the amount was received by the O.P-1  for sale of 360 s.ft flat in third floor of the said building.

            The answer is that series of money receipts filed by the complainant i.e. receipt nos. 71,72,73 and 85  clearly demonstrates that Manish Ram, the Prop. Of M/s Usha Construction , 60, Golf Club Road, P.S. Jadavpur,

Kolkata- 33 has accepted Rs.4,27,000/- part by part from the complainant for sale of 360 sq.ft flat on third floor out of Rs.7 lacs . So, after accepting the money by the developer for construction of the flat of the complainant did not execute and register the deed of conveyance and did not pay any heed to it ,that is why complainant compelled to file this case before this Forum. We are highly satisfied that the complainant pad Rs.4,27,000/- out of Rs.7 lacs to the developer for the purpose of purchasing a flat of 360 sq.ft and it is also clear that inspite of knowledge of existing of this case ,developers and land owners in connivance with each other failed to attend this Forum even after giving opportunity for filing written version. This non-appearance of the O.Ps further indicates that they have nothing to say regarding the allegation as leveled by the complainant. So, it is a glaring example of deficiency in service and unfair trade practice.

 

 

 

 

 

            Hence,

                                                                        Ordered

That the application filed under section 12 if the C.P Act, 1986 is allowed in exparte but within the knowledge of the O.Ps .

The O.Ps are directed to hand over possession of the flat in question to the complainant within 45 days from the date of this order and to execute and register the deed of conveyance in favour of the complainant within that stipulated period.

Complainant is directed to get ready with the balance consideration money which will be paid at the time of execution and registration of the deed of conveyance in favour of the complainant after satisfying himself that the flat in dispute is ready for habitable in all respect ,otherwise, complainant is at liberty to complete the flat from the remaining consideration money and thereafter the balance money have to be paid to the O.P-1 within that stipulated period of 45 days.

If in the long run , complainant is able to get possession of the flat but O.Ps neglected to execute and register the deed of conveyance in favour of the complainant then, complainant will approach this Forum and at that time this Forum will appoint their machinery to execute and register the deed of conveyance in favour of the complainant.

If all the orders ,which have been stated above, are not completed within 45 days as stipulated , then O.P-1 have  to pay compensation to the tune of Rs.1 lac and cost of Rs.25000/- to the complainant and land owners after possession if failed to execute and register the deed of conveyance , in that event each of the land owners have to pay Rs.10,000/- per head towards compensation to the complainant.

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

 

 

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 filed under section 12 if the C.P Act, 1986 is allowed in exparte but within the knowledge of the O.Ps .

The O.Ps are directed to hand over possession of the flat in question to the complainant within 45 days from the date of this order and to execute and register the deed of conveyance in favour of the complainant within that stipulated period.

Complainant is directed to get ready with the balance consideration money which will be paid at the time of execution and registration of the deed of conveyance in favour of the complainant after satisfying himself that the flat in dispute is ready for habitable in all respect ,otherwise, complainant is at liberty to complete the flat from the remaining consideration money and thereafter the balance money have to be paid to the O.P-1 within that stipulated period of 45 days.

If in the long run , complainant is able to get possession of the flat but O.Ps neglected to execute and register the deed of conveyance in favour of the complainant then, complainant will approach this Forum and at that time this Forum will appoint their machinery to execute and register the deed of conveyance in favour of the complainant.

If all the orders ,which have been stated above, are not completed within 45 days as stipulated , then O.P-1 have  to pay compensation to the tune of Rs.1 lac and cost of Rs.25000/- to the complainant and land owners after possession if failed to execute and register the deed of conveyance , in that event each of the land owners have to pay Rs.10,000/- per head towards compensation to the complainant.

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

 

 

Member

                                                            Member                                               President