In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No.154 / 2007 .
1) Sudip Kumar Mondal,
Shree Housing Complex, Block-A, Apartment No. 004, Subhashree,
Chirashree & Subhashree Cluster, Premises no. 01-077,
Block-AH, Action Area 1A, Rajarhat, New Town, Kolkata-16. ---------- Complainant
---Versus---
1) Bengal D C L Housing Development Company Limited,
Representing by its Managing Director,
24-B, Park Street, Kolkata-700016.
And having its city office at :
1/1, Camac Street, Somnath Building, 4th Floor, Kolkata-16. ---------- Opposite Party
Present : Sri Sankar Nath Das, President.
Smt. Sharmi Basu, Member
Order No. 49 Dated 30/07/2012.
The petition of complaint has been filed by the complainant Mr. Sudip Kumar Mandal against the o.p. Bengal DCL Housing Development Co. Ltd. The case of the complainant in short is that being impressed by an advertisement of o.p., complainant purchased a brochure of o.p. at a consideration of Rs.150/- and made an application to acquire and purchase self-contained flat “Shubhashree MIG Scheme” New Town, Kolkata and accordingly pay the sum of Rs.30,000/- on 24.4.04. Thereafter, on 1.7.07 complainant won the flat in lottery and he received the letter intimating o.p. for acceptance of the flat in question which complainant won in lottery and ultimately, complainant paid through installments in total Rs.5,73,800/- and got possession of the flat in question from o.p. in October, 2005. Now complainant has come up with the prayer contained in the prayer portion of the petition of complaint.
O.p. had entered its appearance in this case by filing w/v and denied all the material allegations labeled against it and prayed for dismissal of the case on the plea that plea taken by o.p. is not sustainable in law.
Decision with reasons:-
We have gone through the pleadings of the parties, evidence and documents in particular. We have gone through the Pleaders Commissioner’s report minutely and we are of the view that o.ps. had deficiency in service being a service provider as per brochure and we are of the view that complainant is entitled to relief.
Hence, ordered,
That the case of the complainant is allowed on contest against the o.p. with cost. O.p. is directed to execute and register the deed of conveyance in favour of complainant in respect of the said flat situated on the ground floor being no.A-004, measuring more or less 719 sq.ft. situated and lying at Shree Housing Complex, Block-A, Subhashree Chirashree & Subhashree Culster, at premises no.01-077, Block-AH, Action Area 1A, Rajarhat, New Town, P.S. Rajarhat, Kolkata-700156 within 45 days from the date of communication of this order i.d. complainant is at liberty to execute the said award through court by filing execution case and complainant is directed to pay arrear amount, if any, to o.p. O.p. is directed to provide all facilities and amenities as promised in the brochure of o.p. after completing the same in all respect. O.p. is also directed to hand over the building completion certificate and occupancy certificate by the appropriate authority / municipal authority in respect of the suit flat in question. O.p. is further directed to pay to the complainant compensation of Rs.75,000/- (Rupees seventy five thousand) only for his harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties.
