West Bengal

South 24 Parganas

CC/8/2015

Sri Tapash Das, S/O- Late Jagadish Das. - Complainant(s)

Versus

1. R.S. Construction. - Opp.Party(s)

Sayantani Das.

13 Apr 2015

ORDER

     DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

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

 

C.C. CASE NO. _8_ 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 Tapash Das,s/o late Jagadish Das of 16/L, Khanpur Road, Kol-47.

 

-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 21.05.2012 with the developer ,O.P-1 for purchasing a flat measuring 450 sq.ft at a total consideration of Rs.6,50,000/- . Complainant paid Rs.5,75,000/- out of Rs.6,50,000/- and is in possession of the flat . But the O.P-1,developer, suddenly left the project incomplete and complainant had to incur Rs.1,00,000/- 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 part consideration money. Inspite of that developer O.P-1 did not complete the same and left the unfinished work of the flat and O.Ps did not execute and register the deed of conveyance in respect of the flat and complainant has to expend Rs.1,00,000/- to complete the unfinished works of the flat to make it habitable. Hence, the case.

            It has stated that the complainant also completed the unfinished works by expending Rs.1,00,000/- 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.

            Be it mentioned here that complainant has already paid Rs.5,75,000/- . Thus Rs.75000/- remains due to the O.p-1. But complainant had to incur more than Rs.1,00,000/- to complete the construction of the said flat to make it habitable for living. So, at this stage when none of the O.Ps specially O.p-1 appeared and ventilate his grievance regarding that situation, it can be safely presumed that O.P-1 left the unfinished flat ,wherein complainant was compelled to make it habitable by expending more than Rs.1,00,000/- . So, in this changed circumstances O.P-1 is not liable to get any farthing and that expenditure will be treated towards the remaining consideration money of the said flat.

            With that observation we must have to say that O.Ps specially landlord and Promoter O.p-1 made deficiency in service but not executing the deed of conveyance as well as in respect of the developer not to complete the remaining work.

            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