West Bengal

South 24 Parganas

CC/214/2015

Smt. Shibani Karmakar, Wife of Tapan Karmakar. - Complainant(s)

Versus

1. Sri Priyabrata Biswas, S/O Late Sunil Kumar Biswas. - Opp.Party(s)

Bholanath Sarkar.

18 Aug 2015

ORDER

      DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

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

 

C.C. CASE NO. _214_ OF ___2015_____

 

DATE OF FILING : 5.5.2015     DATE OF PASSING JUDGEMENT:  18.8.2015__

 

Present                        :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :    Mrs. Sharmi Basu & Jinjir Bhattavcharya

                                                                             

COMPLAINANT             :   Smt. Shibani Karmakar, w/o Tapan Karmakar of   45/8, Vivekananda Sarani, Garfa, Doctor Bagan, P.S. Garfa, Now Survey park P.S. Kol-78.

                                              Represented by its Constituted Attorney Sri Dhanesh Chandra Karmakar,s/o late Bharat Chandra Karmakar, of 45/8, Vivekananda Sarani, Garfa, Doctor Bagan, P.S. Garfa, Kolkata – 78.

 

-VERSUS  -

 

O.P/O.Ps                            :    1.     Sri Priyabrata Biswas,s/o late Sunil Kumar Biswas of 

                                                7, Garfa 1^st Lane, P.S. Jadavpur, Kolkata – 75.

                                                2.   Sri Madan Mohan Saha,s/o Chintaharan Saha of

                                                2, Naba Nagar, P.O Jadavpur University, P.S. Jadavpur,

 Kolkata – 32.

________________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

 

Sri Udayan Mukhopadhyay, President                                    

            This is an application under section 12 of the C.P Act, 1986 filed by the complainant.

            It is the short case of the complainant that complainant entered into an agreement for sale with the developer on 15.8.2012 and paid a sum of Rs.5000/- towards the advance booking money on certain terms and conditions mentioned in the agreement for sale. It has further stated that complainant has paid entire consideration money  of Rs.11 lacs to the O.P against proper money receipts issued by the O.Ps. It has further stated by the developer in the first part of 2013 that the area of the flat will be more than 625 sq.ft ,for which further value will be enhanced which will be required to pay by the complainant to the developer and the said money is Rs.3,30,000/- and on the basis of the verbal discussion the complainant further paid Rs.2,95,000/- . Thus the complainant paid total Rs.13,95,000/- till 28.7.2014. It has further stated that the developer received Rs.75000/- from the complainant’s father and brother on different dates. It has stated that the developer although assured the complainant and his father and brother regarding the completion of the flat and registration and handing over possession of the flat, but always avoided and harassed the complainant and her old father. Thereafter , on 27.10.2014 developer made over possession of the schedule flat to the complainant on  31.1.2015 but the said assurance failed and lastly complainant and her brother came to know that schedule mentioned flat is under lock and key and occupied by other person and building is lying in unfinished condition. Hence, the case with a prayer to execute and register the deed of conveyance in favour of the complainant in respect of the flat which is particularly described in schedule of the agreement for sale and in default appoint machinery of the Ld. Forum , hand over physical possession as well as completion certificate of the building, compensation of Rs. 6 lacs, for harassment and litigation cost of Rs.20,000/-.

            The O.P nos. 1 and 2 inspite of service of summon did not care to appear ,that is why, the case is running in exparte .

            Complainant fled evidence on affidavit.

            Points for decision in this case are whether the O.Ps are deficient in rendering services to the complainant or not.

                                                                        Decision with reasons

            From the series of money receipts we find that the complainant has already paid the total consideration money , even excess money demanded by the O.P developer which is beyond the agreement for sale. But inspite of the same even after giving written undertaking that he will hand over the flat to the complainant , did not do the same. It is not out of the record that the complainant informed Jadavpur P.S. regarding the threatening of some persons disclosing the fact that Santosh has already occupied the flat by force and also threatening that he will not leave the flat and developer knowing the same did not pay any heed to it and grabbed the entire consideration money from the innocent complainant. Accordingly, we find that it is a glaring example of deficiency in service and unfair trade practice.

            Hence,

                                                            Ordered

That the application filed under section 12 of the C.P Act, is allowed in exparte against the O.Ps with a cost of Rs.20,000/- to be paid by the developer, O.P-1.

The O.Ps are directed to hand over peaceful physical possession of the flat in dispute along with the completion certificate of the building within 45 days from the date of this order and thereafter arrange for execution and registration of the deed of conveyance in favour of the complainant in respect of the flat ,failing which, complainant is at liberty to apply before this Forum for execution and registration of the deed of conveyance through the machinery of this Forum.

The O.P-1, developer, is directed to pay a compensation of Rs.6 lacs  to the complainant for her suffering harassment and mental agony   along with cost of this case within 45 days from the date of this order, failing which, interest will carry @9% p.a upon the entire decreetal amount from the date of default till realization.

It may be mentioned here that if in the long run developer,O.P-1 , is unable to hand over peaceful possession of the flat in dispute to the complainant, then the developers have to return the entire consideration money of Rs.13,95,000/- , compensation of Rs.6 lacs and cost of Rs.20,000/- along with interest @12% p.a from 5.5.2015 till realization  on the total sum of Rs.20,15,000/-  to the complainant within 45 days from this date, because it has come to our knowledge that the proposed flat was already handed over to one Santosh.

Let a plain copy of this order be sent to the O.Ps through this Forum for strict compliance and a copy be handed over the complainant free of cost.

 

 

Member                                                           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 filed under section 12 of the C.P Act, is allowed in exparte against the O.Ps with a cost of Rs.20,000/- to be paid by the developer, O.P-1.

The O.Ps are directed to hand over peaceful physical possession of the flat in dispute along with the completion certificate of the building within 45 days from the date of this order and thereafter arrange for execution and registration of the deed of conveyance in favour of the complainant in respect of the flat ,failing which, complainant is at liberty to apply before this Forum for execution and registration of the deed of conveyance through the machinery of this Forum.

The O.P-1, developer, is directed to pay a compensation of Rs.6 lacs  to the complainant for her suffering harassment and mental agony   along with cost of this case within 45 days from the date of this order, failing which, interest will carry @9% p.a upon the entire decreetal amount from the date of default till realization.

It may be mentioned here that if in the long run developer,O.P-1 , is unable to hand over peaceful possession of the flat in dispute to the complainant, then the developers have to return the entire consideration money of Rs.13,95,000/- , compensation of Rs.6 lacs and cost of Rs.20,000/- along with interest @12% p.a from 5.5.2015 till realization  on the total sum of Rs.20,15,000/-  to the complainant within 45 days from this date, because it has come to our knowledge that the proposed flat was already handed over to one Santosh.

Let a plain copy of this order be sent to the O.Ps through this Forum for strict compliance and a copy be handed over the complainant free of cost.

 

 

Member                                                           Member                                               President