West Bengal

South 24 Parganas

CC/265/2014

1. ANIRUDDHA DHAR. - Complainant(s)

Versus

1. S.K. CONSTRUCTIONS. - Opp.Party(s)

30 Mar 2016

ORDER

DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

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

 

C.C. CASE NO. _265   OF ___2014____

 

DATE OF FILING : 17.6.2014     DATE OF PASSING JUDGEMENT:_30.03.2016 __

 

Present                        :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :   Smt.  Sharmi Basu & Subrata Sarkar                          

 

COMPLAINANT                  :   Aniruddha Dhar, s/o Sri Anupam Dhar of Flat no.3, 3^rd Floor, 63, Bidhan pally, P.O Garia, P.S. Bansdroni, Kolkata – 84.

 

-VERSUS  -

 

O.P/O.Ps                                :     1.    M/s S.K Construction of 27/1R, Mahendra Nath Sen Lane, P.S. Regent Park, now Bansdroni, Kolkata – 40.

                                                     2.     Sri Ajit Bawle,s/o Sri Shib Narayan Bawle at 27/1R, Mahendra Nath Sen Lane, p.S. Regent Park, now Bansdroni, Kolkata – 40.

                                                    3.    Sri Kamal Bhowmick, s/o Sri Jyotish Bhowmick at 15, Santinagar, P.S Regent Park, now Bansdroni, Kolkata – 40

________________________________________________________________________

 

                                                            J  U  D  G   M  E  N  T

            Smt. Sharmi Basu, Member

             In a nutshell the case of the complainant is that he purchased a residential apartment on 29.3.2012 from the developer O.P-1 situated at 3^rd(top) floor of premises no.63, Bidhan Pally, P.O Garia, P.S. Bansdroni, Kolkata -84 . But till date completion certificate was not issued  which is the responsibility of the developer . Complainant also submits that one steel door installed on the top floor beside the open terrace is not as hard as strong as it should be and there were gaps of 6 inches on the top portion, 4 inches on the bottom portion and 2 inches on each sides of the door in between the frame of the door and wall and the steel framed windows fixed on the common passage adjacent to the staircase have tiny gaps between the steel frame and wall resulting to inflow of rain water inside the building dampening the wall. Few Patches of the building are without plaster and other works . Complainant also served a letter addressing to the developer Firm mentioning his grievance but it yielded no result . Hence, this case praying for direction upon the O.P to serve completion certificate , compensation of Rs.1,30,00/- and cost of Rs. 55000/-.

            The O.P contested the case by filing written version denying all the material allegations contending inter alia that as per request of the complainant certain addition and alteration in the premises were made, for which there is some deviation in the Plan and due to such deviation in the Plan the KMC may not issue completion certificate and complainant purchased the flat from the owner who is responsible for getting the completion certificate. O.P prays for dismissal of the case.

Points for Decision

1. Whether the complainant is a ‘Consumer’ or not.
2. Whether there is any deficiency in service on the part of the O.Ps or not.
3. Whether the complainant is eligible to get relief as prayed for partly or fully.

 

 

Decision with reasons

            After scrutinizing vividly the complaint , written version, evidence of both sides and all the documents brought before this Forum and hearing argument advanced by both the parties, it appears that complainant has purchased the suit flat from the O.P,developer . Therefore, complainant is a “consumer” and the O.P is a “Service provider”  under section 2(1)(d)(ii) and Section 2(1)(o) COPRA 1986 respectively.

            The Ld. Advocate for the O.Ps has submitted that as per request of the complainant some deviation from the sanctioned plan had been performed in relation to the building in question but miserably failed to establish ,nor even filed a scrap of paper to establish that deviation has been done as per request of the complainant. It is also beyond doubt that they have not completed the suit flat in habitable condition till the date of hearing of argument of the instant case and for that inaction ops are duty bound to sufficently compensate the complainant. Moreover, ops have nor even supplied completion certificate to the complainant. In this regard O.Ps should not shrug off their responsibility since they have already received the entire consideration money of the suit flat from the complainant.

            Therefore, we have no hesitation to hold that the O.Ps are jointly and/or severally liable for inaction and deficiency in rendering services being wrong doer towards the complainant/consumer and they are duty bound to hand over the completion certificate and also to aptly compensate the complainant  due to the deficiency in service on the part of the O.Ps ,for which , complainant has to suffer not only huge financial loss but also tremendous mental agony .

            Thus all the points are discussed and all are in favour of the complainant and complaint case succeeds.

            Hence,

                                                                                    Ordered

That the case be and the same is allowed on contest against the O.Ps with cost.

The O.Ps are directed jointly and/or severally to hand over the completion certificate to the complainant and also to pay Rs.1,50,000/- towards compensation and Rs.5000/- towards litigation cost within 30 days from the date of this order, failing which, interest @10% p.a will carry on the total amount of Rs.1,55,000/- till full and final compliance of the order in its entirety.

Let a plain copy of Judgment be supplied to the parties free of cost as per rule.

 

Member                                                                                                           President                                

 

Dictated and corrected by me

 

 

                        Member

 

 

 

 

 

 

 

 

 

 

The judgement in separate sheet is ready and is delivered in open Forum. As it is ,