| Final Order / Judgement | DIST. CONSUMER DISPUTES REDRESAL COMMISSION NORTH 24 Pgs., BARASAT. C. C. CASE NO. 82/2020 Date of Filing: Date of Admission: Date of Disposal: 16.10.2019 09.11.2020 17.10.2022 Complainant/s:- | - Smt. Bela Chatterjee, W/o Late Dilip Kumar Chatterjee, Previously residing at 41/6, Old Nimta Road, P.O. & P.S. – Belghoria, District – North 24 Parganas, Kolkata – 700056
Presently residing at 6 No. Thakurdas Banerjee Road, C/3, 2nd Floor, Ekante Apartment, Belghoria, Kolkata – 700056. - Sri Sanjib Kumar Chatterjee,
S/o. Late Dilip Kumar Chatterjee, previously residing at 41/6, Old Nimta Road, P.O. and P.S. Belgharia, Dist- North 24 Parganas, Kolkata-700056, presently Residing at 6 No. Thakurdas Banerjee Road, C/3, 2nd Floor, Ekante Apartment, Belghoria, Kolkata – 700056. - Sri Rajib Chatterjee, S/o. Late Dilip Kumar Chatterjee,
Previously residing at 41/6, Old Nimta Road, P.O. and P.S. Benghoria, Dist- North 24 Parganas, Kolkata-700056, presently residing at Block-P, Flat No.2, L.I.G Housing Estate, P.O.Sodepur, Dist-North 24 Pgs, Kolkata-700110. - Smt. Dipa Sengupta, W/o. Sri Paranjoy Sengupta,
D/o. Late Dilip Kumar Chatterjee, previously residing at 41/6, Old Nimta Road, P.O. and P.S. Belghoria, Dist- North 24 Parganas, Kolkata-700056, presently residing at Block-P, Flat No.2, L.I.G Housing Estate, P.O.Sodepur, Dist-North 24 Pgs, Kolkata-700110. = Vs.= | Opposite Party/s:- | - Balaji Construction, A proprietorship firm, having its
Regd. office at 5/1, B.T, Road, Mitra Bagan, P.S. Belghoria, Dist- North 24 Parganas, Kolkata-700056, Represented by its proprietor-Sri Subhankar Chakraborty S/o.Sri Dilip Kumar Chakraborty, Residing at 5/1, B.T. Road, Mitra Bagan, P.S. Belghoria, Dist- North 24 Parganas, Kolkata-700056. ………………….Principal O.P. - Sri Dipak Kumar Chatterjee,
S/o. Late Dinesh Chandra Chatterjee, Presently residing at 41/6, Old Nimta Road, P.O. and P.S. Belghoria, Dist- North 24 Parganas, Kolkata-700056, at present residing at 5/1, B.T, Road, Mitra Bagan,P.S. Belghoria, Dist- North 24 Parganas, Kolkata-700056, |
P R E S E N T :- Shri Debasis Mukhopadhyay…………President. :- Smt. Monisha Shaw …………………. Member. :- Sri Abhijit Basu……………………….Member JUDGMENT / FINAL ORDER This is a complaint under Sectionn 35 of the C.P. Act, 2019. The complainants stated that the complainants entered into a development agreement dated 07.02.2018 with the Principal –O.P for development and construction of building. According to the terms of the development agreement the complainants and proforma O.P executed a registered power of attorney. As per terms of the agreement the Principal O.P was to transfer one self- contained and independent North-West side flat on the first floor of the Contd/-2 C. C. CASE NO. 82/2020 :: 2 :: proposed building and one self-contained and independent Sout-East-West side flat on the completion of the building within 18 months from the date of sanctioned plan. The building plan was sanctioned but the Principal O.P failed to complete within the stipulated period. The complainants and pro-O.P handed over the possession of the land to the Principal O.P. But Principal O.P failed to deliver the owners allocation to the complainants till date. The Principal O.P also failed to pay the monthly rent for the alternative accommodation of the complainants as to be provided as per terms of the agreement. Since the Principal O.P failed to hand over the possession of the owners allocation in spite of repeated requests the complainants filed this case praying for the direction to the Principal O.P to hand over the owners allocation in terms of the development agreement in 07.02.2018 to the complainants and also to pay the amount on account of rent for the alternative accommodation to the complainants as per terms of agreement and for penalty, compensation and cost. The O.Ps did not appear to contest the case and therefore the case was heard exparte. Decision with Reasons The Ld. Advocate for the complainant by filing BNA submitted that the principal-O.P. No.1 as per terms of the development agreement dated 07.02.2018 failed and neglected to deliver possession of the owners allocation to the complainants and also failed and neglected to pay the amount on account of rent for alternative accommodation as per the development agreement. He submitted that the complainant is, therefore, entitled to get the decree as prayed for. Considering contention of the complainants and the evidence on record sworn on affidavit it is found that the complainant has proved the case that the principal-O.P. No.1 violated the terms and conditions of the development agreement between the parties by not giving the owners allocation and also not giving the rent for alternative accommodation as per development agreement. There is no evidence to the contrary sworn by the O.Ps to dis-believe the evidence of the complainant. In absence of any evidence to the contrary contradicting the evidence of the complainants it is found that the complainants’ case is proved exparte and the complainants are entitled to get the reliefs of possession and the amount of rent as per development agreement. Hence, It is Ordered that the case be and the same is allowed exparte against the opposite parties with cost of Rs.2000/- to be paid by the O.P.No.1 to the complainants. The Principal- O.P. No.1 is directed to hand over the owners allocation in terms of the development agreement dated 07.02.2018 to the complainants within two months from this date and the principal-O.P. No.1is also directed to pay to the complainants the amount on account of rent for the alternative accommodation of the complainants as per development agreement from the date when it was first due till delivery of possession of the property to the complainants within two months from this date failing which the complainants may 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 Member | |
