FINAL ORDER/JUDGEMENT
SHRI SWAPAN KUMAR MAHANTY, PRESIDENT
This is an application u/s.12 of the C.P. Act, 1986.
Brief facts of the consumer complaint:-
The OPs 1 to 5 being the owners of Premises No. 54, B. B. Chatterjee Road, Kolkata-700042 entrusted OP 6 to develop their land situated at Mouza- Dakshin Gamo, Dak Kasba, Dihi Panchannagram, holding No. 235 now 195, P.S.- Kasba within the limit of Kolkata Municipal Corporation. Complainant had entered into an Agreement for Sale dated 28.06.2011 with the OPs for purchasing a flat measuring about 700 sq. ft. super built up area on the 2nd floor of the proposed building at a total consideration of Rs. 7,40,000/-. Complainant paid the entire consideration amount to the OP 6/Developer. Possession of the flat would be handed over to the complainant within 30.11.2011. OPs have failed to meet the commitment and also failed to provide the service, hence, a legal notice dated 23.04.2019 was duly sent to the OPs but no consequence. Finding no other way out, the complainant filed the present consumer complaint.
OPs despite service of notice of the complaint have failed to file Written Version within the limitation provided u/s. 13(2) of the Consumer Protection Act, 1986. No request for condonation of delay or extension of time for filing Written Version is made. Therefore, right of the OPs to file W.V. is closed.
Complainant Sri Narayan Chandra Sarcar has filed his evidence supporting the allegations made in the complaint.
Complainant by way of un-contradicted testimony has proved that the OPs have entered into an Agreement for Sale dated 28.06.201 with the complainant and is supposed to handover the subject flat to the complainant within 30.11.2011 but despite expiry of the said period, possession of the flat is not handover to the complainant. Complainant has also stated that he has paid entire consideration money to the OP 6/Developer on different dates. Complainant has clearly stated that the OPs have failed to handover the subject flat within the stipulated period, the OP6/Developer has committed deficiency in service. As per registered Agreement for Sale dated 28.06.2011 the OPs 6 is liable to sale the subject flat from his allocation to the complainant. The liabilities of OPs 1 to 5/owners is only execute and register Deed of Conveyance in favour of the complainant with the OP 6/Developer. Developer fails to fulfill his commitment. Therefore, we have no hesitation in concluding that the OP 6 has committed deficiency in service as also has indulged in unfair trade practice.
In view of the discussion above, the complaint is partly allowed with following directions:-
- OP 6/Developer is directed to handover possession of the subject flat to the complainant within 30 days from today.
- OPs are jointly directed to execute and register Deed of Conveyance of the subject flat in favour of the complainant within one week from the date of handover possession.
- Alternatively, the OP 6/Developer is directed to refund Rs. 7,45,000/- to the complainant within 60 days from today, along with compensation of simple interest at the rate of 10 percent per annum from the date of respective payments till realization of the amount.
- OP 6/Developer is directed to pay a sum of Rs. 10,000/- as cost of litigation to the complainant within the stipulated period.
With these directions the present Consumer Complaint Stands disposed of.
Copy of the judgment be given to the parties as per rules.
