DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SOUTH 24 – PARGANAS,
AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 144
C.C. CASE NO. 51 OF 2019
DATE OF FILING: _4.4.2019 DATE OF JUDGEMENT: 23.09.2019
Present : President : Ananta Kumar Kapri
Member : Jhunu Prasad & Jagadish Ch . Barman
COMPLAINANT : Sri Aloke Chakraborty, son of late Sunil Chakraborty of 143/54, Picnic Garden Road, P.O & P.S Tiljala, Kol-39.
O.P/O.Ps : 1. Smt. Soma Das, wife of Subrata Das of 4/7, Kakeshwartala Lane, Bally, P.O & P.S Bally, Howrah-711201.
2. Smt. Dipti Dey Sarkar, d/o late Kalipada Dey Sarkar of Dakshin Nabagram, Panchpotal, Rajpur Sonarpur Municipality, P.S Sonarpur Now Narendrapur, Kolkata-152, at present at C/o Sri Dipak Mondal, Nabagram Jheelpar Co-Operative , Post-Panchpota, Rajpur Sonarpur Municipality, P.S Sonarpur now Narendrapur, Kolkata- 152, South 24-Parganas.
3. M/s Human Nest, represented by its Sole Proprietor namely Sri Subrata Chakraborty, son of late Gopal Chakraborty of 143/54, Picnic Garden Road, P.O & P.S Tiljala, Kolkata-39.
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JUDGMENT
Sri Ananta Kumar Kapri, President
The facts leading to the filing of the instant case by the complainant runs as follows.
O.P nos. 1 and 2 are land owners and O.P-3 is the developer. The developer raised a multi storied building upon the land of the land owner by virtue of a development agreement dated 30.11.2015. One sale agreement dated 2.5.2017 was struck between the complainant and the developer and thereby, the developer agreed to sell a self contained flat measuring 360 sq.ft carpet area as succinctly described in Schedule B to the sale agreement for a total consideration price of Rs.8 lac. Complainant paid total consideration price on the date of execution of sale agreement. The O.P developer agreed to deliver possession and also to register the deed of conveyance in favour of the complainant within a year of the execution of sale agreement ,but neither any possession nor any registration of deed of conveyance has been effected in favour of the complainant by the developers. Therefore, the complainant has filed the instant ccase ,praying for delivery of possession , registration of deed of conveyance , delivery of completion certificate and payment of compensation etc. Hence ,this case.
O.P nos. 1 and 2 have refused to accept the envelops containing the notices of the case and the refusal to accept the notice is treated as good service of notice upon them and they have not appeared to contest the case.
O.P-3 has also not appeared to put forward his version inspite of delivery of notice upon him.
So, the case is heard exparte .
Upon the averments of the parties, the following points are formulated for consideration.
POINT FOR DETERMINATION
- Are the O.Ps guilty of deficiency in service as alleged by the complainant?
- Is the complainant entitled to get relief or reliefs, if any, as prayed for?
EVIDENCE OF THE PARTIES
The complainant has filed evidence on affidavit and the same is kept in the record after consideration..
DECISION WITH REASONS
Point no.1 & 2 :
A copy of sale agreement has been filed on record by the complainant. On perusal of the sale agreement, it comes to light that the O.P/developer agreed to deliver possession of the flat within a year of the date of execution of sale agreement. It is also noted in the sale agreement that the O.P/developer has received the entire consideration price of Rs.8 lac from the complainant. So, there is nothing left with the complainant to perform on his part in so far as performance of sale agreement is concerned.
It is the developer who will have to keep his promise . But the developer has failed to act in terms of the sale agreement . He has also violated the terms of the agreement. He has not delivered the possession of the flat to the complainant within a year of the date of execution of the sale agreement in terms of the agreement . Flagrant violation of the terms of the agreement by the developer is nothing but deficiency in service on his part. The complainant is found to be entitled to relief and the relief is accorded as hereunder.
In the result, the case succeeds .
Hence,
ORDERED
That the complaint case be and the same is decreed exparte against the O.Ps with a cost of Rs.10,000/- to be paid by O.P-3.
All the O.Ps i.e O.P nos. 1,2 and 3 are directed to execute and register the deed of conveyance in favour of the complainant with respect to the subject flat within a month of this order.
O.P-3 is directed to pay a sum of Rs.30,000/- as compensation for causing harassment and mental agony to the complainant within a month of this order.
If the aforesaid directions are not carried out within the aforesaid period i.e within a month of this order, the complainant is at liberty to get the deed of conveyance registered through the instrumentality of this Forum and if the compensation amount and cost amount are not paid by the O.P-3 within the aforesaid period, the cost amount and compensation amount will bear interest @10% p.a till full realization thereof.
Registrar-In-Charge of this Forum is directed to send a copy of the judgment free of cost at once to the parties concerned by speed post.
President
I / We agree
Member
Dictated and corrected by me
President
The judgment in separate sheet is ready and is delivered in open Forum. As it is ,
ORDERED
That the complaint case be and the same is decreed exparte against the O.Ps with a cost of Rs.10,000/- to be paid by O.P-3.
All the O.Ps i.e O.P nos. 1,2 and 3 are directed to execute and register the deed of conveyance in favour of the complainant with respect to the subject flat within a month of this order.
O.P-3 is directed to pay a sum of Rs.30,000/- as compensation for causing harassment and mental agony to the complainant within a month of this order.
If the aforesaid directions are not carried out within the aforesaid period i.e within a month of this order, the complainant is at liberty to get the deed of conveyance registered through the instrumentality of this Forum and if the compensation amount and cost amount are not paid by the O.P-3 within the aforesaid period, the cost amount and compensation amount will bear interest @10% p.a till full realization thereof.
Registrar-In-Charge of this Forum is directed to send a copy of the judgment free of cost at once to the parties concerned by speed post.
