Ganga Jamuna Building, 28/1, Shakespeare Sarani,

P.S. Shakespeare Sarani, Kolkata-17.   

2)       Mr. Abhishek Bhardwaj,

Associate Vice Prsident – Marketing,

Bengal Shristi Infrastructure Development Ltd.

28/1, Shakespeare Sarani,

P.S. Shakespeare Sarani, Kolkata-17.   

3)       Mr. Sunil Jha,

Chief Operating Officer,

Bengal Shristi Infrastructure Development Ltd.

28/1, Shakespeare Sarani,

P.S. Shakespeare Sarani, Kolkata-17.  

4)       The General Manager (Projects),

Bengal Shristi Infrastructure Development Ltd.

28/1, Shakespeare Sarani,

P.S. Shakespeare Sarani, Kolkata-17.                                                        ---------- Opposite Parties

Present :           Sri Sankar Nath Das, President.

                        Dr. Subir Kumar Chaudhuri, Member.

                        Smt. Sharmi Basu, Member

Order No.   32    Dated  16-04-2013.

            The case of the complainant in short is that on 5.12.07 o.p. no.2 on behalf of o.p. no.1 issued a letter (Ref No.Shristinagar/Proovi-D/A-1C/0225) to the complainants wherein it was written / mentioned that on the basis of application submitted by the complainant,, the Apartment No.A-1C, at Proovi (Called as Apartment) was provisionally allotted subject to fulfilling / compliance of the terms and condition s containing the said letter.

            In the said letter issued by o.ps. to the complainant it also mentioned that total cost of the said apartment is Rs.13,87,325/-. As the complainants have already paid Rs.2,08,099/- as application money, so rest of the amount i.e. Rs.11,79,226/- was payable within 30 days from the date.

            On 19.12.07 o.p. no.2 on behalf of o.p. no.1 issued a letter to the complainants mentioning that as the project is finance by Housing and Urban Development Corporation Ltd. (HUDCO) and to whom the entire property of the said project is mortgaged towards security for loans, so the amount received from the customer for full value of unit will be paid to Escrow Account of HUDCO. “NOC” from HUDCO will be given before conveyance is executed in favour of the customer by Bengal Shristi Infrastructure Development Ltd.

            In spite of several financial hardship / stringency the complainant tried heart and soul to fulfill demand notice for payment of o.ps. Lastly, on 17.5.05 the complainants were able to pay for Rs.1 lakh and Rs.32,875/- as final payment towards until cost plus corpus by cheque / DD no.747347 & 150401 drawn on SBI dt.16.5.08 payable at Asansole. Accordingly, o.ps. acknowledged the same and issued money receipt no.0447 for the same.

            After receiving full and final payment from the complainants on 24.5.08 o.p. no.3 on behalf of o.p. no.1 issued a letter for formal handing over of possession of the said apartment.

            After allotment and receiving possession of the said apartment, immediately after the entrance into the said apartment the complainants observed and understood that not only the floor tiles are not properly setting out but joint portion between the two tiles in most of the places of living / dining and bed rooms of the said apartment are not uniform in nature / not smooth. On 26.5.08 at the time of site inspection of the Civil / Project Personnel / official of the o.ps. at the said site as well as unit/apartment of the complainants, the complainants drew attention to the said official of o.ps. regarding settings of poor quality and defective tiles in the floor of the said apartment and requested for rectification of the same. Unfortunately, the said official expressed his inability to rectify the same. Accordingly, on 30.5.08 the complainants were compelled to submit a written complaint addressing the o.p. no.2 and asked for replacing the said tiles and also sent a copy of the same marked to o.p. no.4.

            In spite of receiving the complaint letter of the complainants regarding poor qualities and defective tiles, o.ps. kept them totally silent and deaf ear regarding  the complaints of the complainants. Once again 1.2.08 the complainants submit a written complain addressed to o.p. no.4 stating lack of safety and security in the said unit/apartment as there is no grill in the window, balcony, veranda and no collapsible gate in main entrance of their unit/apartment. So the complainants drew attention to the o.ps. and requested for providing grill and gate for safety and security of their family members. But surprisingly, no response has yet been received from o.ps. till date. Hence the case was filed by the complainant with the prayer contained in the petition of complaint.

            O.ps. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. Lawyer of o.ps. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.

Decision with reasons:-

            We have gone through the pleadings of the parties, evidence and documents in particular and we find that the complainants made full payment of the consideration amount of the flat and this position has not been disputed. But it appears from the record that after taking possession of the flat complainants found that the building materials set were not upto the standard nor even tiles and doors etc. and matter was brought to the notice of the o.ps. But despite several requests and correspondences no fruitful result was brought forth and this action on the part of o.ps. amounts to deficiency in service being service provider to its consumer as the materials of the flat and some portions of work remained unfinished and some of the fittings like doors, tiles etc. were not upto standard as per terms of the agreement.

            In view of the above findings and on perusal of the entire materials on record we find and hold that the o.ps. had sufficient deficiency in service being service provider to their consumers / complainants and complainants are entitled to relief.

            Hence, ordered,

            That the case is allowed on contest with cost against the o.ps. O.ps. are jointly and/or severally directed to pay to the complainant a sum of Rs.1,00,000/- (Rupees one lakh) only for full repairing cost of the floor, ceiling and unfinished works like fixing grill, gate and windows, veranda etc. and are directed to pay compensation of Rs.50,000/- (Rupees fifty thousand) only for harassment and mental agony and litigation cost of Rs.7000/- (Rupees seven thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.

            Complainant is at liberty to file execution case before this Forum in case of non-execution of the aforesaid order in its entirety within the stipulated period under the provision of COPRA, 1986.

            Supply certified copy of this order to the parties free of cost.