West Bengal

South 24 Parganas

CC/53/2015

Sri Sudipto Neogi, S/O Late Sailendra Prasad Neogi. - Complainant(s)

Versus

1. Sri Raju Chhetri Proprietor of M/S. R.S. Construction and S/O Late Bhuban Chhetri. - Opp.Party(s)

Raju Ram Shaw.

27 Apr 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

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

                                                C.C  CASE NO.__53_____ OF 2015

DATE OF FILING:_30.1.2015__             DATE OF PASSING JUDGEMENT:_27.4.2015__

Present                                                                : President:  Udayan Mukhopadhyay

                                                                  Member   :  Dr.(Mrs.) Shibani Chakraborty

 

COMPLAINANT                                 : 1.     Sri Sudipto Neogi, s/o late Sailendra Prasad Neogi,

                                                                 2.     Smt. Suparna Neogi, w/o Sudipto Neogi,

                                                                Both of 1/A, Balu Hakkak Lane, Park Circus, P.S.Karaya, Kol-17.

                                                                                                                Vs

O.P/O.PS                                             : 1.     Sri Raju Chhetri, Prop. Of M/s R.S Construction and s/o late Bhuban Chhetri of 10/47, Netaji Nagar, P.S. Jadavpur, Presently Patuli, Kolkata – 40 ,residence at 10/2, Netaji Nagar, Kolkata – 92.

                                                                2.    Sri Dulal Chandra Das,s/o late Kmaksha Chandra Das.

                                                                3.    Smt. Sukla Das, w/o late Tapan Das

                                                                4.    Sri Tarun Das, s/o late Tapan Das

                                                                5.     Miss Ruma Das,d/o late Tapan Das

                                                                6.    Miss Sandhya Das,d/o late Kamakshya Chandra Das

                                                                7.    Miss Jharna Das,d/o late Kamakshya Chandra Das

                                                                8.    Sri Bhaskar Chhetri,s/o late Bhuban Chhetri,

                                                                All residing at 10/47A, Netaji Nagr, P.S Patuli, Kolkata – 92.

                                                                9.  Smt. Bakul Pal (Das )  ,w/o Paresh Chandr Pal and d/o late Kamkshy Chandra Das of Rainagar, Naskar Para, P.S. Jadavpur presently Patuli,

                                                                10.     Smt. Usha Mondal (Das) ,d/o late Kamakshya Chandra Das of

                                                                2/35, Azadgarh, P.S. Patuli.

                                                                                J U D G E M E N T

                Dr.(Mrs.) Shibani Chakraborty, Member

                The case of the complainant , in brief , is that even after paying the consideration money of Rs.6,62,000/- out of total Rs.7,00,000/- only the O.P failed to hand over the possession as well as execute and register the deed of conveyance of the property in question. Hence, the case.

                The O.Ps fought shy to contest the case.

                The complainant filed some documents.

 

                                                                                Decision with reasons

                From the unchallenged testimony of the complainant, the case of the complainant is proved. O.Ps showed a great negligence by not handing over the property in question and also to execute and register the deed of conveyance . The complainant has booked the property in question by spending his hard earned money to get suitable accommodation for him and also for his family. We all have experienced here much financial, mental, and physical constraints or have to bear to arrange a suitable accommodation for our family by spending hard earned money that have earned for whole life. The people like O.Ps are making easy money and doubling the amount squeezing the money by making the client fool. This type of O.Ps are doing injustice to the common people. The O.Ps are responsible for great deficiency of service on their part.

                The complainant is liable to get compensation.

                Hence,

                                                                                Ordered

That the case being C.C.no. 53 of 2015 be and the same is decreed exparte against O.ps with cost of Rs.10,000/- payable by O.P-1.

The O.Ps are directed to hand over the possession of the property in question and to execute and register the deed of conveyance within one month form this date on payment of balance consideration amount by the complainant.

The O.Ps are also directed to provide completion certificate to the complainant within one month from this date.

The O.P-1 is directed to pay Rs.1,00,000/- to the complainant within one moth from this date, failing which the entire amount of Rs.1,10,000/- will carry on interest @10% p.a till realization.

Let a plain copy of this order be served upon the parties free of cost.

 

                                                                                                                Member                                              President

Dictated and corrected by me

 

                                Member

 

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

Ordered

That the case being C.C.no. 53 of 2015 be and the same is decreed exparte against O.ps with cost of Rs.10,000/- payable by O.P-1.

The O.Ps are directed to hand over the possession of the property in question and to execute and register the deed of conveyance within one month form this date on payment of balance consideration amount by the complainant.

The O.Ps are also directed to provide completion certificate to the complainant within one month from this date.

The O.P-1 is directed to pay Rs.1,00,000/- to the complainant within one moth from this date, failing which the entire amount of Rs.1,10,000/- will carry on interest @10% p.a till realization.

Let a plain copy of this order be served upon the parties free of cost.

 

                                                                                                                Member                                              President