West Bengal

South 24 Parganas

CC/230/2015

Smt. Lily Majumder, Wife of Sri Naveen Majumder. - Complainant(s)

Versus

1. Smt. Chinu Sarkar, Wife of Bhola Sarkar. - Opp.Party(s)

Kalisankar Mondal.

16 Dec 2015

ORDER

DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

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

 

      C.C. CASE NO. _230_ OF ___2015_

 

DATE OF FILING : 15.5.2015                     DATE OF PASSING JUDGEMENT:  16.12.2015

 

Present                        :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :    Mrs. Sharmi Basu

                                                                             

COMPLAINANT             :    Smt. Lily Majumder,w/o Sri Naveen Majumder of 9, P. Majumder Road, P.S. Kasba, Kolkata – 78. 

 

-VERSUS  -

 

O.P/O.Ps                            :  1. Smt. Chinu Sarkar,w/o Bhola Sarkar.

                                              2. Smt. Gita Rani Das, w/o late Anukul Das both of 3/69, Jadavgarh Colony, Haltu, P.S. Kasba at present Garfa, Kolkata – 78.

_______________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

 

Sri Udayan Mukhopadhyay, President

The short case of the complainant is that he entered into an agreement for sale of one flat situated in the ground floor North East side having an area of 396 sq.ft. super built up area together with undivided proportionate share of other common rights and undivided impartible proportionate share of the said land for a sum of Rs.6 lacs which is enclosed in Annexure A. It has further stated that complainant has paid consideration money from time to time against the valid money receipt obtained from the O.P within the stipulated period which is annexed as Annexure B and O.P has delivered possession of the said ground floor in favour of the complainant in the month of August, 2013 and promised to arrange sufficient water supply to the complainant’s flat within 10 days from the date of delivery of possession of the flat. But inspite of several requests complainant did not arrange sufficient water supply, for which, complainant compelled to arrange water in her flat incurring a sum of Rs.200/- per day. The complainant also requested to execute and register the deed of sale and sent registered letter through his Ld. Advocate but O.P did not pay any heed to it. Hence, this complaint with a prayer to direct the O.P to arrange sufficient water supply in the complainant’s flat and also for execution of registered deed of sale . Apart from that complainant has prayed for compensation of Rs.50,000/- and litigation cost of Rs.20,000/-.

 It appears that inspite of sending notice although O.P-1 appeared through Ld. Advocate but did not file written version and no S.R is received against O.P-2. But lastly S.R of O.P-2 is received but none appears . O.P-1 although appeared but reluctant to file written version and ultimately did not appear ,for which case is taken up for exparte because complainant has already paid entire consideration money and suffering from water supply.

Point for consideration in this case is whether there is any deficiency in service on the part of the O.Ps or not.

 

 

                                                Decision with reasons

We have carefully gone through the complaint case and its annexures and we find that complainant already paid entire consideration money and got possession in the month of August, 2013 but unfortunately O.P did not pay any heed to arrange sufficient water in her flat. It should be borne in mind that water is the life of human being and if the water is not supplied or arranged in the said flat how a human being even an animal can stay there peacefully ,that is why, complainant compelled to incur a sum of Rs.2000/- by fetching water from outside ,which is not at all required. This is clearly deficiency of service. Apart from that, non-execution of registered deed of conveyance is also an unfair trade practice as well as deficiency in service. So, complainant has been able to prove his grievance which has not been challenged by any of the O.Ps even O.P-1 appearing through ld. Advocate. This non-submission of written version against the allegation leveled against O.P-1 clearly justifies that the allegations which has been leveled  by the complainant is totally correct in the eye of Law ,that is why, O.P-2 also restrained herself to attend inspite of receipt of summon. All these things are deficiency in service, for which, it is

                                                            Ordered

That the case being C.C.no. 230 of 2015 is allowed in exparte against both the O.Ps with cost of Rs.5000/- which will be borne by both of them jointly and/or severally within 30 days from the date of this order.

The O.Ps are directed to pay compensation to the tune of Rs.50,000/- since complainant after purchasing the flat is suffering mental hazards to fetch water from outside within 30 days from the date of this order.

The O.Ps are directed to execute and register the deed of conveyance in favour of the complainant within 30 days from this date, failing which, complainant is at liberty to approach this Forum for registration of the deed of conveyance through the machinery of the Forum. It is mentioned here that if the O.Ps fail to pay the cost and compensation within the stipulated period, then interest @9% p.a from the date of this order till its realization.

Let a plain copy of this order be served upon the complainant free of cost and one copy be sent to the O.P 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 case being C.C.no. 230 of 2015 is allowed in exparte against both the O.Ps with cost of Rs.5000/- which will be borne by both of them jointly and/or severally within 30 days from the date of this order.

The O.Ps are directed to pay compensation to the tune of Rs.50,000/- since complainant after purchasing the flat is suffering mental hazards to fetch water from outside within 30 days from the date of this order.

The O.Ps are directed to execute and register the deed of conveyance in favour of the complainant within 30 days from this date, failing which, complainant is at liberty to approach this Forum for registration of the deed of conveyance through the machinery of the Forum. It is mentioned here that if the O.Ps fail to pay the cost and compensation within the stipulated period, then interest @9% p.a from the date of this order till its realization.

Let a plain copy of this order be served upon the complainant free of cost and one copy be sent to the O.P through speed post.

 

                                                Member                                                                       President