Date of Filing: 10.08.2021 Date of Disposal: 18.05.2022.
Complainant : Smt. Gopa Paul, W/O Sri Pradip Kumar Paul, residing at 3rd Floor,
Shreemati Tower, Benimadhab Nagar, near Budha Petrol Pump, S.B. Gorai Road, Asansol, P.O. Asansol, P.S. Asansol(S), Dist. Paschim Bardhaman, Pin 713301, W.B.
-VERSUS -
Opposite Party :1. M/S Sadananda Dawn & Co., a partnership of Builders and Developers
Firm, having its office at-69/1, S. B. Gorai Road, Near Petrol Pump, P.O. Asansol, P.S. Asansol (South), Dist. Paschim Bardhaman,
Pin -713301, WB.
2. Mr. Susanta Dawn, S/O Sri Sadananda Dawn, the Partner of M/S Sadananda Dawn & Co, Vill. Budha, P.O. Asansol, P.S. Asansol(South), Dist. Paschim Bardhaman, Pin 713301.
3. Mr. Sreemanta Dawn, S/O Sri Sadananda Dawn, the Partner of M/S Sadananda Dawn & Co, Vill. Budha, P.O. Asansol, P.S. Asansol (South),
Dist. Paschim Bardhaman, Pin 713301.
4. Mr. Jayanta Dawn, S/O Sri Sadananda Dawn, the Partner of M/S Sadananda Dawn & Co, Vill. Budha, P.O. Asansol, P.S. Asansol (South), Dist. Paschim Bardhaman, Pin 713301.
5. Mr. Achinta Dawn, S/O Sri Sadananda Dawn, the Partner of M/S Sadananda Dawn & Co, Vill. Budha, P.O. Asansol, P.S. Asansol (South), Dist. Paschim Bardhaman, Pin 713301.
6. Asansol Municipal Corporation, Asansol, P.O. Asansol, P.S. Asansol (South), Dist. Paschim Bardhaman, Pin 713303, represented by its Commissioner/Mayor.
Present : Mohammad Muizzuddeen -Hon’ble President.
: Mrs. Lipika Ghosh - Hon’ble Member.
Appeared for the Complainant : Sri Debdas Rudra -Ld. Advocate.
Appeared for the Opposite Party : None.
FINAL ORDER
ORDER NO: 08 DATED-18.05.2022.
On 10.08.2021 the complainant, Smt. Gopa Paul, lodged the present complaint u/S 35 of the Consumer Protection Act, 2019 against the OPs.
The case of the complainant, in brief, is that on 01.10.2021 the complainant had entered into an agreement with the OP-Developer (OP No.1) , a Partnership Firm, to purchase a flat mentioned in the Schedule below of the complainant and other OPs (2 to 5) are the partners of the said Firm. The total value of the flat including parking space for one Two Wheeler and one Four Wheeler for Rs. 20,43,003/-. Thereafter, the OP No.1 delivered the possession of the flat to the complainant without completing some work by executing the Deed of Sale which was registered in the office of ADSR, Asansol on 26.02.2016 bearing Sale Deed No. 1579 in the year 2016, Book No.1, Volume No. 0205-2016 Page from 34223 to 34245.
It is further stated that at that time the Parking Space for Two-Wheeler and Four-Wheeler was still not completed and when the complainant refused to take possession of the flat, the OPs assured her that soon after taking the delivery of the flat, they would complete the incomplete work in respect of Parking Space. Relying on the assurance of the OPs, the complainant accepted the delivery of the possession of the flat. It is further stated that the complainant requested the OPs though several times to deliver the possession of the Parking Space after completion of work but still date the OPs did not take any initiative to deliver the possession of the same to her. The complainant also requested the OPs to supply the completion certificate in respect of the flat as early as possible to her because without completion certificate the name of the complainant shall not be recorded in the LR & ROR as well as Asansol Municipal Corporation, but the OPs did not supply the completion certificate to her till date. In the meantime the OP Nos. 1 to 5 started illegal construction in the place for the Parking Space, violating the sanctioned plan issued by the OP No.6 as well as without the consent of the flat owners. The complainant along with other flat owners raised objection against such illegal construction but the OP Nos. 1 to 6 did not pay any heed to their objection. Due to Pandemic situation of COVID 19 as well as due to national lockdown, the complainant did not lodge any complaint before any court of law. Thereafter, the complainant lodged a complaint against the OPs before the OP No.6 vide letter dt. 03.12.2020 stating the above facts and requested to take proper legal steps against the OP Nos. 1 to 5.
After receiving the complaint on 03.12.2020 the Assistant Engineer of Asansol Municipal Corporation vide their letter dt. 20.03.2021 requested the OP No. 2 and the complainant to attend the hearing which was scheduled on 23.03.2021 along with the documents before the OP No.6. Accordingly, the complainant attended the said hearing along with documents but neither the OP No.2 nor any representative on its behalf attended the said meeting. For their inaction not attending the scheduled meeting in the matter, they committed severe offences and negligence to construct illegal construction upon the Parking Space on the ground floor of the building without the permission of the OP No.6. Till date, the OP No.6 did not take any imitative against the OP Developers on the basis of the complaint lodged by the complainant and it is never expected from such kind of Administrator (OP No.6). Finding no other alternative, the complainant has been compelled to file this case before the Hon’ble Commission. Due to deficiency in service and unfair trade practice on the part of the OPs, the complainant and her family members have been suffering from great mental pain, agony and harassment and as such the complainant is entitled to get delivery of the Parking Space, in question, without any obstruction, as per Sale Deed.
The complainant is entitled to get Rs.1,50,000/- as compensation from the OP Nos. 1 to 5 for her mental pain, agony and harassment along with litigation cost of Rs.50,000/- . The cause of action arose on and from 20.03.2021.
Upon this background, the complainant prayed for delivery of Parking Space as mentioned in the Schedule of the complaint in view of the Sale Deed. The OP may be directed to provide completion certificate to the complainant along with a direction to OP for compensation of Rs.1,50,000/- along with litigation cost of Rs.50,000/- to the complainant.
Findings with Reasons.
After admission of the case, notices were issued to the OPs and in spite of receiving of the said notices; none of the OPs appeared to contest the case. Accordingly, the case is heard ex parte.
In order to prove the case, the complainant herself filed evidence-on-affidavit and at the time of filing the case she has also filed Xerox copies of the Sale Deed and the complaint dt. 03.12.2020 addressed to the Mayor , Asansol Municipal Corporation and notice vide memo No. 2325/PW/Eng/2021 dt. 20.03.2021 issued from the office of the Asansol Municipal Corporation to the complainant and the OP No.2. The unchallenged evidence of the complainant cannot be disbelieved. Apart from it, the documentary evidence i.e the Sale Deed in question and the complaint dt. 3.12.2020 and Memo No. 2325/PW/Eng/2021 dt. 20.03.2021 support the factum of allegation made by the complainant against the OP Nos. 1 to 5 by lodging a complaint before the OP No.6 for taking proper legal steps against the said Promoters OP No.2 and others and the action taken by the OP No.6 by directing both sides to attend his office for participating in the hearing of the matter. Thereafter, as per oral unchallenged evidence of the complainant, the OP Nos. 1 to 6 did not take any steps in the matter as alleged in this case and we do not find any reason to disbelieve the unchallenged evidence of the complainant in this regard.
In view of the above facts and circumstance, it can be said that the OP Nos. 1 to 5 committed deficiency in service by not providing the competition certificate to the complainant and not delivering the Parking Space as mentioned in the Schedule of the complaint, after competition of the incomplete work of it to the complainant. The complainant rightly stated in her complaint that it can never be expected from the OP No.6 for not taking steps in the matter as alleged in the letter dt. 3.12.2020 of the complainant.
Under the above facts and circumstances, the complainant is entitled to get relief in this case. It would be proper and justified to allow compensation of Rs.40, 000(Forty Thousand) for her suffering from mental pain, agony and harassment and litigation cost of Rs.10, 000(Ten Thousand).
The complainant is also entitled to get delivery of Car Parking Space as mentioned in the Schedule of the complaint and also to get the competition certificate of the flat which shall be issued by the OP No.6.
As a result the case succeeds.
Hence, it is
ORDERED
That the Consumer Complaint No. 106 /2021 be and the same is allowed ex parte against all the OPs but without order as to cost.
OP Nos. 1 to 5 are directed to deliver the Car Parking Space, after completion of incomplete work as assured by them, as mentioned in the schedule of the complaint, to the complainant within one month from the date of receipt of this order and they are also directed to provide competition certificate of the flat issued by the OP No.6 to the complainant within one month from the date of receipt of this order.
The OP Nos. 1 to 5 are also directed to pay compensation of Rs.40, 000(Forty Thousand) and Litigation cost of Rs.10,000/-(Ten Thousand) to the complainant jointly and severally within one month from the date of receipt of the order, failing which the said amount shall carry interest @ 10% p.a. till realization.
Let a copy of this final order be given to the parties on free of cost.
Dictated & corrected by me.
President
D.C.D.R.C , Purba Bardhaman.
Member
D.C.D.R.C , Purba Bardhaman. President
D.C.D.R.C , Purba Bardhaman.
