DIST. CONSUMER DISPUTES REDRESAL COMMISSION
NORTH 24 Pgs., BARASAT.
C.C. No. 226/2016
Date of Filing: Date of Admission: Date of Disposal:
11.04.2016 22.04.2016 18.08.2022
Complainant/s:- | Sri Sadhan Karmokar, S/o. Late Kartick Karmokar, 75, Direndra Nath Chatterjee Road, P.s. Baranagar, Kolkata-700035, presently residing at 3/2, Ram Chandra Bagchi Lane, 1st Floor, Kolkata- 700035. = Vs = 1.Anadamoyee Construction, A partnership firm Regd. office at 94, Maharaja Nanda Kumar Road(North), P.S. Baranagar, Kolkata-700035. 2.Sri Asit Lahiri. 3.Sri Prasanta Lahiri, Both are son of Sri Tapan Lahiri, 94, Maharaja Nanda Kumar Road(North), P.s. Baranagar, Kolkata-35. 4.Smt. Bhabani Banerjee, W/o. Late Himangshu Mohan Banerjee, 3/2, Ram Chandra Bagchi Lane, Kolkata- 700035. 5.Smt. Mita Chaterjee, S/o. Jagaish Chatterjee, 142/1/2, Shib Gopal Banerjee Lane, Salkai, Babudanga, Dist- Howrah. 6. Smt. Swata Chatterjee, W/o. Devi Prasad, 22/1, Tarka Sindhanta Lane, Bali, Howrah. |
:- Shri Debasis Mukhopadhyay…………President.
:- Smt. Monisha Shaw …………………. Member.
JUDGMENT/FINAL ORDER
This is a complaint under Section 12 of the C.P. Act, 1986.
The complainant stated that on 18.07.2012 the complainant entered into an agreement for sale with O.P. Nos. 1,2 and 3 for purchasing flat measuring an area of 500 Sq.ft at the rate of Rs. 1,800/- per Sq.ft that is fully described in the schedule. Another agreement was made in between the parties on 12.04.2013 by which the measurement of the flat was increased to 670 Sq.ft and value of the flat was Rs.11,80,000/-. The complainant on different dates paid a total consideration amount of Rs.10,20,000/- to the O.P. Nos. 1 and 2 out of total consideration amount and on 30.03.2013 the developer send an estimate of extra work of Rs. 52,950/- but the O.Ps did not complete the flat and after possession the complainant spent Rs. 41,419/- for installing the grill. The O.Ps did not complete the unfinished work and did not execute and register the deed after receiving the balance consideration amount. The complainant on several occasions requested the O.P. No.3 for registration of the flat upon receiving the balance consideration amount but the O.Ps avoided the complainant. Hence the complainant filed this case praying for direction to the O.Ps to make registration of the flat after receiving the balance consideration and for compensation and cost.
O.P. Nos. 1,2 and 3 contested the case by filing written version denying the allegations of the complainant. The O.Ps denied that the complainant was given possession of the flat measuring 622 Sq.ft instead of an area 670 Sq.ft and O.Ps stated that the complainant received 670 Sq.ft with full satisfaction and adopted malafide plea to avoid payment of balance consideration of Rs. 1,60,000/-. The O.Ps further stated that they did not receive the balance consideration of Rs. 1,60,000/- in spite of several requests to the complainant. The O.Ps also stated that the total consideration was settled at Rs. 11,80,000/- as per agreement and the area was 670 Sq.ft super built up as per agreement dated 12.04.2013 and thus balance consideration to be paid by the complainant is Rs. 1,60,000/-. The O.Ps stated that they are ready to execute the deed of conveyance in respect of subject flat on receipt of balance consideration of Rs. 1,60,000/-.
Contd/-2
C.C. No. 226/2016
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From the contentions of the parties as per written complaint and written version it appears that the points for consideration in this case are whether the case is maintainable or not and whether the complainant is entitled to get decree as prayed for or not.
The complainant by filing written argument submitted that there was an agreement for sale dated 18.07.2012 and the actual physical possession of subject flat is about 582.04 Sq.ft and total consideration money was calculated at Rs. 10,47,672/- and the complainant paid Rs. 10,20,000/- out of Rs. 10,47,672/- and the rest money of Rs. 27,672/- was to be paid at the time of registration. It is further submitted that actual possession of subject flat measuring 557.93 Sq.ft was delivered as per engineer commissioner report and as such the complainant is entitled to get refund of Rs. 72,950/- from the opposite parties. The complainant prayed for decree and accordingly for execution and registration of the deed and for other reliefs.
At the time of argument none appeared for the opposite parties for their argument of the case.
Considering the facts and circumstances of the case as per written complaint, the written version, the evidence on record and the submissions it is found that the complainant in the written complaint stated that he received 582.04 Sq.ft of the subject flat and he paid Rs. 10,20,000/- out of total consideration of Rs. 10,47,672/- and the complainant has yet to pay the balance consideration of Rs. 27,672/- to the opposite parties. On the other hand the O.Ps contended that the total measurement amount of the subject flat as per agreement was handed over to the complainant but an amount of Rs. 1,60,000/- is yet to be paid by the complainant as balance consideration amount. But it is found that there is a report of engineer commissioner that full measurement amount was not delivered to the complainant. Therefore, the O.Ps’ version that full measurement amount of the subject flat was delivered to the complainant cannot be accepted. The complainant it is found did not amend the written complaint as per engineer commissioner’s report by an amended complaint giving opportunity to the O.Ps to file their additional written version. Therefore, the case is to be disposed of as per the present complaint and the evidence adduced by the complainant as per complaint because that is the existing case of the complainant and this Forum cannot go beyond the pleadings of the parties. Therefore, considering the contention of the complainant and the evidence adduced it is found that the complainant has proved his case as per the written complaint and is entitled to get the decree as prayed for as per written complaint.
The points for consideration are accordingly decided in favour of the complainant.
Hence,
It is Ordered:-
that the case be and the same is allowed on contest against the opposite parties.
The O.Ps are directed to execute and register the deed of conveyance as per written agreement between the parties upon receiving the balance consideration of Rs. 27,672/- from the complainant within two months from this date, failing which the complainant is at liberty to take steps according to law.
Let plain copy of this order be given to the parties free of cost.
Dictated & Corrected by me
President President
Member
