West Bengal

South 24 Parganas

CC/331/2014

DR. MRITUNJOY NEOGI, S/O. Late Bejoy Neogi. - Complainant(s)

Versus

1.M/S. SIDDHESWARI CONSTRUCTION A Prorprietary Concern of - Sri Shyamal Maity. - Opp.Party(s)

Md. SK. Asad.

06 Apr 2015

ORDER

     DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

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

 

C.C. CASE NO. _331_ OF ___2014_____

 

DATE OF FILING : 28.7.2014_     DATE OF PASSING JUDGEMENT:_6.4.2015__

 

Present                        :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :   Dr. (Mrs.)  Shibani Chakraborty

                                                                             

COMPLAINANT             :    Dr. Mritunjoy Neogi, s/o late Bejoy Neogi, 2^nd floor Flat, South Western

Portion along with a garage at premises no.13, Jubilee Park, P.S. Jadavpur, Kolkata – 33.

 

-VERSUS  -

 

O.P/O.Ps                                 : 1. M/s Siddheswari Construction, Prop. Sri Shyamal Maity, 42, M.G Road, Kolkata – 82.

                                                2.    Sri Prakash Kumar Ghosh

                                                3.    Sri Pankaj Ghosh

                                                4.    Sri Manoj Kumar Ghosh

                                                5.    Sri Mihir Kumar Ghosh

                                                All sons of late Rabindra Nath Ghosh

                                                6.     Smt. Gouri Ghosh

                                                7.     Sri Krishanu Ghosh

                                                8.     Smt. Bipasha Dasgupta

                                                6 to 8 are wife, son and daughter of late Bikash Kumar Ghosh

                                                All of 13, Jubilee Park, P.S. Jadavpur, Kolkata -33.  

________________________________________________________________________

 

                                                            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 O.P-1 entered into a development agreement with all the joint owners of the property and the O.Ps owner and developer decided to construct a multi storied building in terms of the said development agreement dated 26.5.2008 and O.P-1 erected a G+3 storied building at premises no.13, Jubilee Park, P.S. Jadavpur, Kolkata – 33  as per the approved sanctioned building plan of KMC.  Accordingly, O.P-1 as a developer was entitled to some number of flats as developer’s allocation.

            Thereafter upon inspection of flat and documents the complainant agreed to purchase it and O.p-1 developer agreed to nominate him to the owners and agreed to sell the aid flat. Consequently an agreement for sale dated 5.11.2001 was entered into by and between the parties . The O.P-1 was unable to deliver the said flat to the complainants and he verbally proposed to deliver a similar flat in the second floor South Western portion which the complainant agreed and agreement for sale was executed by and between the O.P-1 after canceling the earlier agreement and O.P-1 received the total consideration amount of Rs.7,50,000/- from the complainant after which O.P-1 delivered physical possession of the same to the complainant.

            It has stated that the complainant obtained possession of the said flat on the second floor South Western Portion and the garage space from O.p-1 and is enjoying it by installation of electric meter from CESC and also paying KMC taxes as he is personally liable to pay . It has claimed that complainant requested the O.Ps on several occasions to transfer the said flat and garage by executing a deed of conveyance . The O.Ps always assured the same but ultimately failed and neglected to execute and register the deed of conveyance. Hence, the case for deficiency of service and unfair trade practice on the part of the O.Ps.

                                                                        Decision with reasons

            Inspite of service of summon through paper publication none appears before this Forum to ventilate their grievances ,for which, it can be safely presumed that the complainant has been able to prove his case beyond reasonable doubt and the allegation of the complainant is totally correct in too and practically the same is unchallenged. We have nothing to disbelieve the unchallenged testimony of the complainant against the O.Ps.

            Hence,

                                                                        Ordered

That the application under section 12 of the C.P Act is allowed exparte against the O.Ps.

The O.Ps are directed to execute and register the deed of conveyance in respect of the suit flat and garage described in schedule in favour of the complainant within 30 days from the date of this order, failing which, complainant is at liberty to approach before this Forum to execute the same through the machinery of the Forum.

It is further directed to the O.Ps to pay compensation to the tune of Rs.1 lac jointly for mental pain and agony and harassment and cost of Rs.10,000/- within the stipulated period ,in default the complainant is at liberty to execute through this Forum.

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

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                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 under section 12 of the C.P Act is allowed exparte against the O.Ps.

The O.Ps are directed to execute and register the deed of conveyance in respect of the suit flat and garage described in schedule in favour of the complainant within 30 days from the date of this order, failing which, complainant is at liberty to approach before this Forum to execute the same through the machinery of the Forum.

It is further directed to the O.Ps to pay compensation to the tune of Rs.1 lac jointly for mental pain and agony and harassment and cost of Rs.10,000/- within the stipulated period ,in default the complainant is at liberty to execute through this Forum.

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

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Member                                               President