DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR,

 KOLKATA-700 0144

      C.C. CASE NO. __25_ _ OF ___2018

DATE OF FILING :27.2.2018      DATE OF PASSING JUDGEMENT: 8 .2.2019

Present                 :   President       :   Ananta Kumar Kapri

                                 Member(s)    :    Subrata Sarker  & Jhunu Prasad

COMPLAINANT   :   1. Sri Debasish Saha, son of Mr. Jyotish Chandra Saha

                                  2. Smt. Pinki Saha , wife of Sri Debasish Saha

                                  217/19, Naya Pally Kazi Para Road, Monirampur, P.O Barrackpore, P.S Barrackpore, Kolkata – 120.

•  VERSUS  -

O.P/O.Ps                    : 1. RCBS Realty Pvt. Ltd. GE, 158, Rajdanga Main Road, Kolkata-107.

                                  2. Managing Director, RCBS Realty Pvt. Ltd. GE, 158, Rajdanga Main Road, Kolkata-107.

__________________________________________________________________

                                                J  U  D  G  M  E  N  T                                 

                     Inability to register and deliver the land by the O.Ps/developer in favour of the complainants has galvanized the complainant to file the instant case under section 12 of the C.P Act, 1986 , alleging deficiency in service on the part of the O.P/developers.

                    The facts leading to the filing of the instant case may be epitomised as follows.

                  The O.Ps are doing real estate business. They agreed to sell a developed plot of land to the complainants and also executed a sale agreement dated 1.10.2012. By virtue of the sale agreement, they agreed to sell a land measuring 6 cattah (4320 sq.ft) as succinctly described in schedule B to the agreement for a total consideration price of Rs.6,60,000/- . Full payment of consideration money was paid by the complainant to the O.Ps. The project was to be completed within 36 months of the date of sale agreement . But, the O.Ps have not conducted any development work as yet in their project. So, alleging unfair trade practice on the part of the O.Ps, the complainant has filed the instant case ,praying for issuing an order directing the O.Ps to deliver possession of the land , registration thereof and also for compensation etc, Hence, this case.

                 The O.Ps have been contesting the case by filing written statement ,wherein it is contended inter alia that the complainant did not want to purchase the land now. According to the O.Ps, land is fully developed and other purchasers have also raised their building there. They are willing to register the sale deed and hand over the possession of the land to the complainants. There is no cause of action ,arising in favour of the complainant and ,therefore, the complaint should be dismissed in limini with cost.

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

POINT FOR DETERMINATION

1. Are the O.Ps guilty of  deficiency in service as alleged by the complainants ?
2. Are the complainants  entitled to get relief or reliefs as prayed for ?

EVIDENCE OF THE PARTIES

         Both parties have led their Evidence on affidavit and the same are kept in the record after consideration.

DECISION WITH REASONS

Point no.1 & 2  :

              Payment of consideration price by the complainants to the O.Ps is not disputed. Similarly, execution of sale agreement dated 1.10.2012 by the developers in favour of the complainants is not also disputed. The allegation of the complainants is that the developers have not developed the land as yet in terms of the sale agreement and, therefore, the compensation has been prayed for by the complainant.

             On the other hand, it is the case of the developers that the land has been developed and some of the purchasers have also raised construction thereon. A  local inspection was conducted by the order of this Forum and Ld. Advocate Commissioner has filed its report before the Forum on 7.1.2019. The report is kept in the record. From the report it is found that the project land has not been fully developed and that a major portion of the project lands has been left undeveloped. There is no sewerage system, no water line, no community hall constructed so far in the project. The Commissioner’s report undoubtedly establishes that the project is yet to be completed ,though about 6 years have already passed away.

             The developers agreed to complete the project work within 36 months of the date of execution of the sale agreement. But, they have not been able to do so. So, it is the inability of the developers to act in accordance with the terms of the agreement; it is none but the developer who are defaulters in terms of the agreement. The complainants are ,therefore, entitled to get the relief  and the relief is provided accordingly as hereunder.

              In the result, the case succeeds.

               Hence,

ORDERED

             That the complaint case be and the same is decreed on contest against the O.Ps  with cost of Rs.10,000/- .

             The O.Ps are directed to complete the development work of the land of the complainants and also to cause registration of the said land and to deliver the possession thereof in favour of the complainants, within a month of this order ,failing which, the developers shall return the consideration price i.e Rs.6,60,000/- to the complainants at a time with interest @12% p.a from the date of their respective payments to the O.Ps till full realization thereof.

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

                                                                                                                                                President

I / We agree

                                    Member                    Member

            Dictated and corrected by me

                                                  President