F I N A L O R D E R
Babita Chaudhuri, Member : This is an application under section 12 of C. P. Act, 2002 filed by the complainant Sri Shiv Kumar Jaiswal against the Opposite Party named above alleging the deficiency in service on the part of the O.p.
Facts of the case of the complainant, in short, are:-
The complainant being a purchaser have agreed to purchase a flat situated at 3rd floor of 60/2, Chatterjeepara Lane, P.S. Bantra, Howrah-711101 measuring about 600 sq.ft super built up area together with impartible and undivided share of the land and having common and easement right, privileges, amenities as attached with the said property from the O.p./developer.
That for the purchase of said flat the complainant, Sri Shiv Kumar Jaiswal executed an Agreement for Sale dated 21/10/2013 with the O.p. The complainant being purchaser have agreed to purchase the “said flat” at a total consideration of Rs.8,70,000/-only and as per agreement for sale, the complainant has already paid a sum of Rs.6,74,398/- on different dates and different methods as advance money out of total consideration money of Rs.8,70,000/-. The complainant is ready to pay the balance consideration money fulfillment of the terms and conditions be made by the O.p.
After said agreement for sale and in spite of payment of huge advanced money, when the complainant went to the O.p. for handover the total complete flat and execute register sale deed in favour of the complainant, the O.p. has miserably failed and have deliberately reluctant to handover the full finished flat in favour of the complainant.
That the O.p. has already been completed the construction of the said residential flat, but he neither handover the possession of the said flat to the petitioner/complainant nor he has taken any initiative to register any Deed of conveyance in favour of the complainant even after several request has been made from the end of the complainant.
Under the above circumstances, the complainant compelled to file this case before this District Commission and prays for directing to the opposite party to hand over the possession of the flat in favour of the complainant by way of execute and registered Deed of Conveyance and also direct the opposite party to pay compensation amount Rs.1,00,000/- to the complainant for causing physical and mental harassment and Rs.50,000/- for litigation cost and other relief/reliefs as the complainant is entitled to get under law and equity.
Notice of this case was duly served upon the O.p. and O.p. appeared this case by filing w.v. and did not file questionnaire and evidence. Complainant filed affidavit-in-chief in respect of w.v. filed by O.p. and also filed B.N.A. in support of his case. The case was heard on behalf of complainant side but did not hear the O.p. and on 13/06/2023 the date was fixed for delivery of judgment.
POINT FOR DECISION
- Is the complainant entitled to get relief as prayed for?
- Is there any deficiency in service on the part of the O.p.?
DECISION WITH REASONS
In support of his case the complainant filed Written Examination-in-Chief supported by an affidavit and B.N.A. and O.p. filed w.v. and they have also filed all relevant documents in support of their case.
We have gone through the said evidence of the complainant and W.V. of the O.p. and the documents filed by the complainant and O.p.
It appears that in his evidence, the complainant has fully corroborated his case of the petition of complaint and the documents filed by him also lend support to the case of the complainant.
In view of the above discussions and findings the case succeeds.
Hence,
it is,
O R D E R E D
That Complaint Case No.235 of 2019 be and the same is allowed against the O.p. with costs.
The O.p. is hereby directed to execute and register Deed of Sale in respect of the schedule mentioned flat and deliver the peaceful possession of the same within 30 days from the date of this order in favour of the complainant.
O.p. is further directed to pay Rs.40,000/- (Rupees fourty thousand) only as compensation and Rs.10,000/- (Rupees ten thousand) only as cost of proceeding in favour of the complainant within 30 (thirty) days from the date of this order.
The complainant is at liberty to put the final order into execution after expiry of the appeal period.
Supply the copies of the order to the parties, free of cost.
Dictated & Corrected by me
(Mrs. Babita Chaudhuri)
Member, D.C.D.R.C., Howrah
