DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SOUTH 24 – PARGANAS, AMANTRAN BAZAR, BARUIPUR,
KOLKATA-700 144
C.C. CASE NO. 98 OF 2018
DATE OF FILING : 31.08.2018 DATE OF JUDGEMENT: 16.04.2019
Present : President : Ananta Kumar Kapri
Member : Jhunu Prasad
COMPLAINANT : SMT. SHAILA DAS
Wife of Monoranjan Das
Vill.- Dhalua (W), P.O.- Dhalua,
P.S.- Sonarpur, South 24 Parganas,
PIN – 700 152.
O.P/O.Ps : 1. AMIT KUMAR
S/o – Amresh Chandra Kumar,
Director of M/S. MA PLAZA PVT. LTD.,
315, Tentulberia Road, Flat No. T-6, Block – A,
Garia, P.S.- Sonarpur, Kolkata – 700 084.
2. SRI HEMANTA KUMAR NASKAR,
S/o – Late Gopal Krishna Naskar,
Tentulberia Road, Garia,
P.S.- Sonarpur, Kolkata – 700 084.
3. SRI ANANTA KR. NASKAR
S/o – Late Gopal Krishna Naskar,
Tentulberia Road, Garia,
P.S.- Sonarpur, Kolkata – 700 084.
4. SRI SWAPAN KR. NASKAR
S/o – Late Gopal Krishna Naskar,
Tentulberia Road, Garia,
P.S.- Sonarpur, Kolkata – 700 084.
5. SRI TAPAN KR. NASKAR
S/o – Late Gopal Krishna Naskar,
Tentulberia Road, Garia,
P.S.- Sonarpur, Kolkata – 700 084.
6. SRI AMAL KR. NASKAR
S/o – Late Gopal Krishna Naskar,
Tentulberia Road, Garia,
P.S.- Sonarpur, Kolkata – 700 084.
7. SRI SHYAMAL KR. NASKAR
S/o – Late Gopal Krishna Naskar,
Tentulberia Road, Garia,
P.S.- Sonarpur, Kolkata – 700 084.
8. SRI BIMAL KISHOR ROY
S/o – Sri Nani Gopal Roy
Tentulberia Road, Garia,
P.S.- Sonarpur, Kolkata – 700 084.
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J U D G M E N T
Sri Ananta Kumar Kapri, President
A frustrated, the complainant has filed the instant case under section 12 of C.P. ACT, 1986, praying for delivery of possession of shop room and registration thereof etc.
Facts leading to the filing of the instant case may be epitomized as follows.
The complainant wanted to purchase a shop room as succinctly described to the scheduled to the complainant, from O.P. No. 1 who is a developer. The remaining O.P.s are land owners. The complainant being an unemployed wanted to earn her livelihood by way of self employment and therefore she entered into a sale agreement dated 19.09.2001 with O.P. No. 1 for purchasing the shop room for a total consideration price of Rs. 2,76,000/-. The total consideration price was paid to the O.P. developer by the complainant. The developer agreed to deliver the possession of the shop room to the complainant within a specified period of 6 months from the date of completion of construction work. The construction work has been completed. But the possession of the shop room has not been delivered to complainant by O.P. No. 1, nor has he effected a deed of conveyance in favour of the complainant with respect to the shop room. Therefore, the complainant has filed the instant case praying for delivery of possession, registration of the shop room in her favour and supply of completion certificate to her.
Hence, this case.
The notices sent to the O.P.s have not been received by the O.P.s and the postal track reports show the notice ‘unclaimed’, which is treated as a good service. None of the O.P.s appears to contest the case and therefore the case is heard ex-parte against the O.P.s. Petition of complainant is treated as evidence of the complainant vide her petition dated 12.03.2019.
DECISION WITH REASONS
It is to be seen now whether the complainant is entitled to get the relief as prayed for. A copy of sale agreement dated 19.09.2001 is filed by the complainant. On perusal of it, it is revealed that the O.P. No. 1 has executed the sale agreement in favour of the complainant and thereby he made promise to sell a shop room as described in schedule to agreement to the complainant for a total consideration price of Rs. 2,76,000/-. From third schedule of the said agreement, it is established on record that the complainant has paid the total amount of consideration price to the developer. Now it is in evidence of complainant that the developer has not delivered the possession of the shop room to her even after expiry of 6 months from the date of completion of construction of the shop room. It has also transpired in her evidence that the developer has been dilly-dallying the matter of registration of the shop room in her favour. This evidence of the complainant has remained unchallenged and on the unchallenged testimony of the complainant, it stands established that the developer has made considerable delay in delivery of possession of the shop room to the complainant and also in executing and registering the deed of conveyance in favour of the complainant with respect to said the shop room. This delay on the part of the developer is nothing but deficiency in service. The land owners have also a duty to effect a deed of conveyance in favour of the complainant, with respect to the shop room purchased by the complainant. The complainant is therefore entitled to get an award against the O.P.s.
In the result, the case succeeds.
Hence,
ORDERED
That the complainant case be and same is decreed ex-parte against the O.P.s with a cost of Rs. 10,000/-, which is to be paid only by O.P. No. 1.
The O.P.s, particularly the O.P. No. 1 are directed to delivery vacant possession of the shop room to the complainant and also to execute and registere the deed of conveyance in favour of the complainant with respect to the shop room described in schedule of complainant, within a month of this order failing which the complainant is at liberty to execute this order with the machinery of the forum. The O.P.s particularly O.P. No. 1 are also directed to pay a sum of Rs. 30,000/- as compensation to the complainant and also to supply completion certificate to her, within a month of this order failing which the compensation amount and the cost amount will bear interest at the rate of 10% p.a. till full realization thereof.
Registrar-In-Charge of this Forum is directed to supply a copy of the judgment free of cost at once to the parties concerned.
I / We agree
Member President
Dictated and corrected by me
President
