Sri Biplab Biswas, S/O Kapil Biswas. filed a consumer case on 13 Apr 2015 against 1. R.S. Construction. in the South 24 Parganas Consumer Court. The case no is CC/7/2015 and the judgment uploaded on 13 Apr 2015.
DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM
SOUTH 24 – PARGANAS , JUDGES’ COURT, ALIPORE KOLKATA-700 027
C.C. CASE NO. _7_ OF ___2015_____
DATE OF FILING : 8.1.2015 DATE OF PASSING JUDGEMENT:13.4.2015__
Present : President : Udayan Mukhopadhyay
Member(s) : Dr. (Mrs.) Shibani Chakraborty
COMPLAINANT : Sri Biplab Biswas, s/o Kapil Biswas, 2/101, Paschim Putiary,
Indu Bhawan, Flat no.-3, 3rd Floor, P.S. Haridevpur, Kolkata – 41.
-VERSUS -
O.P/O.Ps : 1. R.S. Construction of 10/47A, Netaji Nagar, Kol-40
duly represented by Sri Raju Chhetri
2. Sri Dulal Chandra Das,s/o late Kamakha Charan Das
3. Smt. Sukla Das w/o late Tapan Das
4. Sri TarunDas, s/o late Tapan Das
5. Miss. Ruma Das, d/o late Tapan Das
6. Miss Sandhya Das, d/o late Kamakhya Charan Das
7. Miss Jharna Das, d/o late Kamakhya Charan Das
8. Sri Raju Chhetri,s/o late Bhuban Chhetri
9. Sri Bhaskar Chhetri,s/o late Bhuban Chhetri
Sl. Nos. 1 to 9 are of 10/47A, Netaji Nagar, P.O Regent Park,
P.S. Netaji Nagar, Kolkata – 40.
10. Smt. Bakul Paul (Das), w/o Sri Paresh Chandra Paul ,d/o late Kamakhya Charan Das of Rainagar, Naskar Para, P.S. Regent Park, P.O Bansdroni, Kol-70
11. Smt. Usha Mandal (Das), w/o Sri Rabi Mandal,d/o late Kamakhya Charan Das of 2/35, Azadgarh, P.S. Jadavpur, P.O Regent Park, Kolkata-40.
________________________________________________________________________
J U D G E M E N T
Sri Udayan Mukhopadhyay, President
It is the short case of the complainant that O.P-1 is the developer and the O.P nos. 2 to 11 are the joint owners of the property lying and situated at 10/47A, Netaji Nagar, Kolkata-40 being K.M.C. premises no.349/24, N.S.C Bose Road, Kolkata – 40. In terms of the Development and Power of Attorney executed between the Developer and the land owners on 20.01.2009 , the developer constructed a four storied building on the land of premises no.10/47A, Negaji Nagar, Kolkata – 40 .
The complainant being a purchaser entered into an agreement for sale dated 10.6.2009 with the developer ,O.P-1 for purchasing a flat measuring 575 sq.ft at a total consideration of Rs.5,00,000/- . Complainant paid entire consideration money and is in possession of the flat . But the O.P-1,developer, suddenly left the project incomplete and complainant had to incur Rs.50,000/- to complete the construction of the said flat. Inspite of several requests followed by legal notice dated 17.11.2014, the O.Ps did not pay heed to execute and register the flat and hence the case.
Inspite of service of summon ,even by paper publication, the O.Ps did not contest the case and hence the case proceeded exparte.
Points for consideration in this case is whether there is any deficiency in service on the part of the O.P or not.
Decision with reasons
We have perused all the documents including money receipt and found that complainant has already paid total consideration money. Inspite of that developer O.P-1 did not complete the same and left the unfinished work of the flat. Hence, the case.
It has stated that the complainant also completed the unfinished works by expending Rs.50,000/- and is enjoying the possession. Neither the O.p-1 nor the other land owners ,O.P nos. 2 to 11 did cooperate him to execute the work and execute and register the deed of conveyance. So we find that it is a clear deficiency of service, for which complainant is being suffered for a pretty long time.
Accordingly, it is
Ordered
That the O.Ps are directed to execute and register the deed of conveyance in respect of the flats of the complainant as mentioned in the schedule of the application of complainant wherein O.P-1 will stand as confirming party within 30 days from the date of this order ,failing which, the complainant is at liberty to approach before this Forum to execute and register the deed of conveyance through the machinery of the Forum.
Irt is also directed that the O.P-1 will pay compensation of Rs.50,000/- and O.P nos. 2 to 11 will also bear Rs.50,000/- as compensation to be paid within 30 days from the date of this order, failing which interest will carry @9% p.a till realization.
Let a plain copy of this order be sent to the O.Ps 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 O.Ps are directed to execute and register the deed of conveyance in respect of the flats of the complainant as mentioned in the schedule of the application of complainant wherein O.P-1 will stand as confirming party within 30 days from the date of this order ,failing which, the complainant is at liberty to approach before this Forum to execute and register the deed of conveyance through the machinery of the Forum.
Irt is also directed that the O.P-1 will pay compensation of Rs.50,000/- and O.P nos. 2 to 11 will also bear Rs.50,000/- as compensation to be paid within 30 days from the date of this order, failing which interest will carry @9% p.a till realization.
Let a plain copy of this order be sent to the O.Ps through this Forum and one copy be handed over to the complainant free of cost.
Member President
Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes
Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.