DIST. CONSUMER  DISPUTES  REDRESAL  COMMISSION

NORTH 24 Pgs., BARASAT.

 C.C. No. 279/2021

Date of Filing:                      Date of Admission:             Date of Disposal:

                   13.12.2021                               28.12.2021                                 21.06.2023

P R E S E N T                :-    Smt. Monisha Shaw..…………………. Member.

                                         :-    Sri.  Abhijit Basu…. …………………. Member.

            JUDGMENT / FINAL ORDER

            The complainant filed this case U/s 35 of the Consumer Protection Act, 2019 (as amended up to date).

            The brief fact of the case is Complainant is one of the co-owners of premises no. 72/2 Umesh Mukherjee Road, P.S. Belgharia, Kolkata – 700056 (land of owner measuring about 0.825 decimal out of 3.3 decimal).

            The O.P. Nos. 1 and 2 are partners of construction firm. One notarized development agreement was made on 15/01/2015 between the land owners (including complainant) and developers and thereafter on 6^th February, 2015 one general power of attorney was made between all land owners (including complainant and developers). In terms of the development agreement the Complainant are entitled to get one flat containing one room (10 ft. x 9 ft.) and one kitchen (super built-up area 20% to be added) and one toilet on the ground floor from corner side which is mentioned in the development agreement. In BNA, Complainant submitted that the area of flat is about 230 sq.ft. front corner marble flooring flat at ground floor. O.P is not deliver the flat within stipulated period as agreed by executed development. On 12/04/2019, complainant sent legal notice to the Opposite Parties for delivering the possession of the flat but in vein.

            Hence, the Complainant filed this case. The territorial and pecuniary jurisdiction is within this Commission. Hence, this Commission has ample power to try this case.

Issue raised for delivery judgment

1.  Whether the case is maintainable or not?

2. Whether the complainant is entitled to get relief or reliefs or not?
 

Reason for Judgment

            Considering the facts and circumstances of the case as well as the nature and character of the case all the points are interlinked with each other as such all the points are taken up together.

Contd. To Page No. 2 . . . .

: :  2  : :

C.C. No. 279/2021

The Complainant is one of the land owners of the premises no. 72/2 Umesh Mukherjee Road, P.S. Belgharia, Kolkata – 700056. One development agreement was made between the parties and in that development agreement the area and location of flat of owners allocation were mentioned separately and identified therein. Complainant submitted that the Opposite Parties were not providing her allocated flat even after elapsed of statutory period as promised or agreed. The Complainant sent legal notice to the Opposite Parties for handing over the flat in her allocation but in vein.

            Therefore, Complainant filed this case before this Commission. Notice served upon the Opposite Parties through this Commission. O.P. No. 2 appeared personally one day, thereafter, O.P. No. 2 and other O.Ps did not appeared before this Commission. Opposite parties did not file any Written Version. As the development agreement was made between the Complainant and the Opposite Parties hence, the Complainant is a consumer and Opposite Parties are service provider. The Opposite Parties is not yet handed over the suit property to the Complainant as agreed which is treated as deficiency in service on the part of the Opposite Parties. Opposite Parties are liable to hand over the suit property to the Complainant. Opposite Parties were not filed any Written Version and also not present at the time of argument. Therefore this case heard ex-parte.

            As the O.Ps neither filed any W/V and nor raised any objection alleged by the Complainant. Hence, the Complainant is entitled to get relief as prayed for. The Complainant proved his case.

Hence,

it is ordered,

            That the case being no. C.C./279/2021 be and the same is allowed and heard ex-parte.

            It is hereby directed the Opposite Parties to hand over the possession of Complainant’s allocated flat which mentioned in the complaint and also in development agreement with litigation cost of Rs. 10,000/- within three (03) months from the date of delivery of this judgment.

Failing which this complainant has liberty to file execute case as per law.

Let plain copy of this order be given to the parties free of cost as per CPR, 2005.

Dictated & Corrected by me                      

Member

Member                                                         Member