West Bengal

South 24 Parganas

CC/328/2015

Mr. Shyamal Kumar Das, S/O Late Tarapada Das. - Complainant(s)

Versus

1. Sanjay Kumar Majumder. - Opp.Party(s)

16 Feb 2016

ORDER

DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 0144

 

      C.C. CASE NO. _328_ OF ___2015__

 

DATE OF FILING : 16.7...2015                   DATE OF PASSING JUDGEMENT:  16.02.2016.

 

Present                        :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :    Mrs. Sharmi Basu

                                                                             

COMPLAINANT             : Mr. Shayamal Kumar Das,s/o late Tarapada Das of 56, prince Bakhtiyar Shah Road, Kolkata - 33

 

-VERSUS  -

 

O.P/O.Ps                            :  1.   Sanjay Kumar Majumdar,s/o Prasanta Kumar Majumdar of 8/1, Maghipara Road, P.S. Thakurpukur, Kolkata – 63.

                                             2.     Dhiman Mondal,s/o Pashupati Mondal of 1050 Vidyasagar Sarani, P.S. Thakurpukur, Kolkata – 63.

                                             3.     Bimal Mondal,s/o Pashupati Mondal of 97, Vidyasagar Sarani, P.S. Thakurpukur, Kolkata – 63.

 

_______________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

 

Sri Udayan Mukhopadhyay, President          

The short of the complainant is that O.P-1 is the builder and O.P nos. 2 and 3 are the owners of the plot of land. Being attracted through publication of an advertisement to sell proposed flats at premises no.1050, Vidyasagar Sarani, P.S. Thakurpukur, Kolkata -63 , complainant being interested approached the O.P for purchase of a flat for his residential purpose. The O.Ps wanted to sell one flat being no. B-3, on the third floor measuring about 726 sq.ft more or less covered area comprising of two bed rooms, one kitchen , one W.C, one balcony, one toilet , one privy, one drawing cum dining room together with undivided proportionate share and interest in the land underneath the building together with the right to use the common parts and portions in the said building. The O.ps promised to hand over the possession of the said flat after completion of the building in all respect and to provide completion certificate duly obtained from the concerned authority within 15 months. Accordingly complainant believing the  representation and assurance made by the O.Ps agreed to purchase a flat at a total consideration price of Rs.5 lacs and entered into a memorandum of agreement on 8^th December, 2011 to purchase the said flat from O.P-1 developer of the said building and with the mother of the O.P nos. 2 and 3,since deceased, being owners of the plot of land.

It has stated that the O.P-1 is also under obligation to provide the complainant completion certificate duly obtained from the concerned authority. It has claimed that complainant has paid entire consideration money in terms of the schedule of payment mentioned in the said agreement. Complainant after obtaining loan from the HDFC Bank paid the said amount and paying interest accordingly. Copy of Bank statement is also annexed with the complaint. It has claimed that the complainant got  peaceful vacant possession after a lapse of considerable period and on great persuasion of the complainant ,though it was agreed by the O.Ps that flat shall be handed over to the complainant within 15 months from the date of agreement. The complainant has performed his part in terms of the agreement. The possession letter is marked “C”. It is stated that insptie of ready and willingness to perform the registration work , the O.Ps failed and neglected to execute the deed of conveyance in favour of the complainant within the specified time. It has further stated that the O.P has deviated from the plan sanctioned from the concerned authority and not supplied the completion certificate in respect of the building duly issued by the concerned authority and not execute and register the deed of conveyance. Hence, this complaint with a pray for execution and registration fo the deed of conveyance along with direction to the O.Ps to supply the sanctioned plan and completion certificate of the building as well as compensation to the tune of Rs.1 lac for suffering of mental agony and litigation cost of Rs.50,000/- .

The O.P nos. 1 and 3 did not appear at all but O.P-2 appeared in person but inspite of giving opportunity to file written version, he did not appear thereafter. Thus the case proceeded against all the O.Ps in exparte.

Points for decision in this case is whether the O.Ps are jointly and/or  severally liable for deficiency in service or unfair trade practice.

                                                Decision with reasons

Admittedly complainant has booked a flat in terms of the agreement for sale and it is also admitted that complainant has paid Rs.5 lacs which is the total consideration money of the said flat. It appears further that complainant received peaceful possession of the flat  and possession letter is lying in the record, wherin we find that Sanjoy Mondal, Developer, O.P-1, has stated that after receiving full consideration money I do hereby give peaceful possession of the said flat in good condition. Hence, he is not liable to pay maintenance charges and tax etc. and complainant also put their signature with an acknowledgement that being fully satisfied in all respect he has received delivery of possession.

Now question is registration of deed of conveyance, completion certificate and      sanctioned plan which have not yet been given to the complainant by the O.P.. So, the O.Ps are jointly and/or severally liable for deficiency in service.

 

Hence,

                                                                        Ordered

That the application under section 12 of the C.P Act is allowed in exparte against the O.Ps .

The O.Ps are directed jointly and/or severally to execute and register the deed of conveyance in favour of the complainant in terms of the agreement for sale of his flat within 30 days from the date of passing the order.

The O.P-1 is hereby directed to hand over the completion certificate and sanctioned plan to the complainant positively within the said period of 30 days.

All the O.Ps are directed to pay compensation to the tune of Rs.20,000/- and litigation cost of Rs.5000/- to the complainant jointly and/or severally within the said stipulated period.

If the O.Ps fail to comply the order, the complainant is at liberty to execute the order through the Forum and in relates to the registration of deed of conveyance he may approach before this Forum for appointment of machinery of the Forum ,so that the Bench of the Forum may pass necessary order for execution and registration matter.

It may be mentioned here that after 30 days if awarded amounts are not paid, then  interest will carry @10% p.a from the date of default till its realization.

 

Let a plain copy of this order be served upon the complainant free of cost and a copy of this order be sent to the O.Ps from the office of this Forum through speed post.  

 

 

 

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 under section 12 of the C.P Act is allowed in exparte against the O.Ps .

The O.Ps are directed jointly and/or severally to execute and register the deed of conveyance in favour of the complainant in terms of the agreement for sale of his flat within 30 days from the date of passing the order.

The O.P-1 is hereby directed to hand over the completion certificate and sanctioned plan to the complainant positively within the said period of 30 days.

All the O.Ps are directed to pay compensation to the tune of Rs.20,000/- and litigation cost of Rs.5000/- to the complainant jointly and/or severally within the said stipulated period.

If the O.Ps fail to comply the order, the complainant is at liberty to execute the order through the Forum and in relates to the registration of deed of conveyance he may approach before this Forum for appointment of machinery of the Forum ,so that the Bench of the Forum may pass necessary order for execution and registration matter.

It may be mentioned here that after 30 days if awarded amounts are not paid, then  interest will carry @10% p.a from the date of default till its realization.

 

Let a plain copy of this order be served upon the complainant free of cost and a copy of this order be sent to the O.Ps from the office of this Forum through speed post. 

 

 

 

Member                                                                                                                       President