In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, Kolkata-700087.

CDF/Unit-I/Case No.   80 / 2004.

1)                   Kishore Butta,

IC, Pratap Aditya Road, Kolkata-70026.

2)                   Dr. Nishi Butta,

IC, Pratap Aditya Road, Kolkata-70026.                                                   ---------- Complainant

---Versus---

1)                   Commission, Kolkata Municipal Corporation,

5, S.N. Banerjee Road, Kolkata-700013.

2)                   The Chief Manager, Planning & Development Department,

Kolkata Municipal Corporation,

19, Nelie Sengupta Sarani, S.S. Hog Market,

Phase-II, Top Floor (W. Block), Kolkata-700087.                                      ---------- Opposite Parties

Present :           Sri Sankar Nath Das, President.

                        Dr. A. B. Chakraborty, Member

Order No.    5 7    Dated  31/01/2012.

The petition of complaint u/s 12 of the C.P. Act, 1986 has been filed by complainants Kishore Butta and Dr. Nishi Butta against the o.ps. Kolkata Municipal Corporation. The case of the complainants in short is that complainant in response to the advertisement of o.p. was offered with an allotment of a flat of area more or less 124 sq. meter. at D.L. Khan Road vide letter no.PD/1605/94-95 dt.8.12.09 at a consideration amount of Rs.10,54,000/- being application no.DLK/43 and 1st instalment was Rs.2,63,500/- less booking money Rs.19,700/- and complainant paid 1^st instalment of Rs.2,43,800/- and despite the same said flat was not handed over to the complainants. Hence the instant case.

            O.ps. had entered their appearance by filing w/v and explained the delay in construction owing to litigation lying before the Hon’ble Court and this positon was communicated to the complainants by o.ps. vide their letter no.P&D/1826/98-99 dt.8.3.99 after four years and o.ps. have stated that situation was beyond their control and the flat in question was not a purchased flat on the basis of purchase one but of 99 years lease. O.ps. had agreed to refund the money so deposited by complainant as above.

Decision with reasons:

            We have gone through the pleadings of the parties together with evidence and documents in particular and it appears from the record that o.ps. had already given possession of the flat in question on 1.8.08 to the complainants without light and other facilities and completion certificate was handed over to the complainants by o.ps. On careful scrutiny of the entire materials on record we are of the view that o.ps. had some sort of deficiency on their part being a service provider to its consumers / complainants for handing over possession without providing light and other facilities and in the matter of non-issuance of completion certificate and prayer for complainants deserves consideration.

            Hence, ordered,

            That the petition of complaint is allowed on contest with cost against the o.ps. O.ps. are directed to complete the flat in question to make it habitable such as providing light facility and other facilities, etc. and thereafter to issue completion certificate in favour of the complainants. O.ps. are hereby directed to pay a compensation of Rs.10,000/- (Rupees ten thousand) only for harassment and mental agony sustained by complainants and litigation cost of Rs.2000/- (Rupees two thousand) only. O.ps. are directed to comply with the above order 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 complainants till full realization.

            Supply certified copy of this order to the parties.

   _____Sd-______                                                _______Sd-________

     MEMBER                                                           PRESIDENT