West Bengal

South 24 Parganas

CC/419/2014

SRI SHYAMAL SARDAR - Complainant(s)

Versus

CHOUDHURY CONSTRUCTION a proprietorship firm represented by its proprietor Sri Susanta Chowdhury. - Opp.Party(s)

26 Mar 2015

ORDER

  DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , JUDGES’ COURT, ALIPORE KOLKATA-700 027

 

C.C. CASE NO. _419_ OF ___2014_____

 

DATE OF FILING : 9.9.2014_                        DATE OF PASSING JUDGEMENT:_26.3.2015_

 

Present                        :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :         Dr. (Mrs.)  Shibani Chakraborty

                                                                             

COMPLAINANT             : Sri Shyamal Sardar,s/o Gopal Sardar of 1/9, Rajendra Prasad Colony,

         P.S. Jadavpur, Kolkata – 33.

 

-VERSUS  -

 

O.P/O.Ps                            : 1.     Choudhury Construction , represented by its Proprietor namely

Sri Susanta Chowdhury of 1/79, Rajendra Prasad Colony, P.S. Jadavpur, Kolkata – 33.

2.     Sri Sushanta Chowdhury,C/o Dulu Chowdhury of 1/79, Rajendra Prasad Colony, P.S. Jadavpur, Kolkarta – 33.

3.     Sri Pijush Kanti Ghosh,s/o late Subimal Ghosh of C-32, Baisnab Ghata Patuli Township , Plot L.I.G, Kolkata – 94.

4.     Sri Meghnad Ghosh, s/o late Subimal Ghosh of 6/1, Chitta Ranjan Colony, Annanya Apartment, Kolkata – 32.

5.     Sri Biswanath Ghosh,s/o late Subimal Ghosh of 6/1, Chitta Ranjan Colony, Annanya Apartment, Kolkata – 32.

6.     Srimati Bobita Ghosh,d/o late Prithwish Kanti Ghosh of 6/1, Chitta Ranjan Colony, Annanya Apartment, Kolkata -32.

7.   Srimati Krishna Dutta,w/o late Partha Dutta of 6/1, Chittaranjan Colony, Annanya Apartment, Kolkata – 32 , permanent address at 4/29, Chitta Ranjan Colony, P.S. Jadavpur, Kolkata – 32.

 

________________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

 

             Sri Udayan Mukhopadhyay, President.

            It is the short case of the complainant that O.P nos. 1 and 2 being the developer entered into a development agreement dated 4.5.2012 with the O.p-3  to 7 who are joint land owners in respect of premises no.4/29, Chittaranjan Colony, P.S. Jadavpur, Kolkata – 32  for development of the said premises by constructing a multistoried building on the said premises and General Power of Attorney was also executed by the O.P nos. 3 to 7 on 4.5.2012 in favour of O.P nos. 1 and 2. it has further stated that the complainant entered into an agreement for sale on 11.5.2012 with the O.Ps for purchasing one self contained flat on the ground floor measuring 500 sq.ft at the said premises at a total consideration of Rs. 7 lac and thereafter a supplementary agreement was executed between the O.Ps and the complainant on 26.2.2013 and in terms of the supplementary agreement the measurement of the flat has been decreed from 700 to 500 sq.ft  super built up area at a total price of Rs.5,30,000/- and complainant has paid Rs.2,65000/- only by cash and cheque to the O.P nos. 1 and 2 towards the earnest money till the date of supplementary agreement out of the total consideration money of Rs.5,30,000/-.

            It has claimed that O.P nos. 1 and 2 agreed to hand over possession of the said flat in favour of the complainant within 16 months from the date of supplementary agreement but the O.Ps are avoiding the construction work of the said building and also avoiding to hand over the said completed flat in favour of the complainant in the schedule time as per agreement for sale dated 11.5.2012 as well as supplementary agreement for sale dated 26.2.2013 and also neglected to execute and register the deed of conveyance in favour of the complainant and not allowing the complainant to inspect the flat under agreement for sale. It has brought to the knowledge of the local people that O.P is trying to sell out the incomplete flat to other party. Accordingly legal notice was sent but the said notice returned as “Not claimed”. Hence, this case.

            It appears that O.P did not appear inspite of sending summon. Hence the case proceeded exparte.

            Points for decision in this case is whether there is any deficiency in service on the part of the O.Ps or not.

                                                                        Decision with reasons

            We have perused all the documents and we find that inspite of agreement for sale O.Ps neither completed the flat n or arrange for registration in terms of the agreement which is unfair trade practice and deficiency in service.

            We have nothing to disbelieve the unchallenged testimony of the complainant and his evidence supported by affidavit. It appears from the Memo of consideration that complainant already paid Rs.2,65,000/- out of Rs.5,30,000/- . But since the flat has not yet completed complainant rightly did not pay the further amount to the O.P , the developer. It may mention here that the remaining amounts have to be paid by the complainant after completion of the unfinished works of the flat in dispute.

            With that observation, it is

                                                                                    Ordered

That the application under Section 12 of the C.P Act is allowed exparte.

The O.Ps are directed to execute and register the deed of conveyance in favour of the complainant in respect of the schedule mentioned flat within 30 days from the date of this order.

The O.Ps are further directed either to complete and hand over the flat within 30 days or to allow the complainant to get it completed from the remaining amount i.e. Rs.2,65,000/- and the balance amount, if any, will be entitled to the O.P developer.

The O.P nos. 1 and 2 are also directed to pay compensation to the tune of Rs.50,000/- to the complainant and the litigation cost of Rs.5000/- within 30 days from the date of this order ,failing which, the entire amounts will carry an interest of 9% p.a till its realization.

It may further mention here that if the O.Ps failed and neglected to execute and register the deed of conveyance and to give possession of the flat to the complainant within the stipulated period, the complainant is at liberty to execute and register the order through the machinery of this Forum and thereafter necessary direction will be given to the local P.S to arrange possession of the flat and to see that the incomplete portion can be completed by the remaining consideration money due to the developer O>P nos. 1 and 2 and if any amount is found excess, then only developer O.P nos. 1 and 2 is entitled to that effect and otherwise not.

Let a copy of this judgement be served upon the parties free of cost.

 

                                                            Member                                               President

Dictated and corrected by me

 

                        President

                                                                                                        

 

 

 

 

 

 

 

 

 

 

 

 

The judgement in separate sheet is ready and is delivered in open Forum  as it is ;                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          

Ordered

That the application under Section 12 of the C.P Act is allowed exparte.

The O.Ps are directed to execute and register the deed of conveyance in favour of the complainant in respect of the schedule mentioned flat within 30 days from the date of this order.

The O.Ps are further directed either to complete and hand over the flat within 30 days or to allow the complainant to get it completed from the remaining amount i.e. Rs.2,65,000/- and the balance amount, if any, will be entitled to the O.P developer.

The O.P nos. 1 and 2 are also directed to pay compensation to the tune of Rs.50,000/- to the complainant and the litigation cost of Rs.5000/- within 30 days from the date of this order ,failing which, the entire amounts will carry an interest of 9% p.a till its realization.

It may further mention here that if the O.Ps failed and neglected to execute and register the deed of conveyance and to give possession of the flat to the complainant within the stipulated period, the complainant is at liberty to execute and register the order through the machinery of this Forum and thereafter necessary direction will be given to the local P.S to arrange possession of the flat and to see that the incomplete portion can be completed by the remaining consideration money due to the developer O.P nos. 1 and 2 and if any amount is found excess, then only developer O.P nos. 1 and 2 is entitled to that effect and otherwise not.

Let a copy of this judgement be served upon the parties free of cost.

 

                                                            Member                                               President