CC/559/2017

Dt. Of filing 22.9.17

Judgement  dt.23-02-2018

Mrs. Balaka Chatterjee, Member

          This petition of complaint is filed under section 12 of C.P.Act,1986 by Biswajit  Bera and Smt. Moumita Bera alleging deficiency in service on the part of the Opposite Parties namely 1) M/s. Design O Execution 2) Smt Usha Rani Das 3) Shri Dilip Das 4) Shri Pradip Das 5 ) Smt Ratna Das

          Case of the Complainant in brief is that the Complainant entered into an agreement for assignment on 17/11/2014 with OP No.1, a Proprietorship Farm represented by its Proprietor Smt. Shila Mondal (Das) Developer, as first part, the Complainants, namely Biswajit Bera and Moumita Bera as  Assignee  described as second part, the OP Nos. 2 to 5 Landowners as Assignors/confirming parties as other parts who are represented by their constituted attorney Shila Mondal (Das) in respect of a Car Parking Space measuring 135 Sq ft. at premises no.47 Ajoy Nagar, P.S. Purba Jadqavpur, Kolkata – 700 025, Dist South 24-Pargs at a consideration of Rs.3,00,000/- . The Complainants further stated that they had paid Rs.2,25,000/- towards consideration. The Complainants have further stated that it was mentioned in the agreement that the developer would complete the construction of the said car parking space within 12 months from the date of execution of agreement dated 17/1/2014. The Complainant further stated that the OP No.1 neither delivered possession of the said car parking space nor did execute registration of Deed of Conveyance. Hence the Complainant has prayed for direction upon the OPs to execute registration of Deed of Conveyance of the schedule mention car parking space, to pay Rs.2,00,000/- towards compensation and Rs.1,00,000/- as the cost of completing the pending work.

          Notices was served upon the OPs but the OPs did not turn up. So the case was proceeded ex-parte against OPs vide Order No.6 dated 20/12/2017.

Decision with reasons

          The Complainants claimed to have entered into an agreement for assignment on 17/11/2014 with the OPs in respect of a car parking space at 47, Ajoy Nagar, P.S. Purba Jadavpur, District South 24-Pargs at a consideration of Rs.3,00,000/-, copy of agreement for assignment dated 17/11/2014 support such averment of the Complainants. The Complainants further claimed to have paid Rs.2,25,000/- , memo of consideration support the averment of the Complainants. It appears from the paragraph no. 3 of page  5 of the said agreement that construction of the said car parking would be completed by the developer within 12 months from the date of execution of the agreement but according to the evidence adduced by the Complainant even after 12 months the said car parking space had not been delivered to the Complainant.

           Considering the circumstances as stated herein above we are of opinion that the OPs to be directed to deliver possession and execute the registration of Deed of Conveyance in favour of the Complainants after receiving the balance amount of consideration from the Complainants.

           Regarding the prayer for cost for completing the pending work we are of opinion that the Complainant failed to proof the allegation of non-completion of car parking space since no report like report of Engineer Commissioner has not been brought before this Forum which could throw light on the issue raised by the Complainants. However the OP No.1 compelled the Complainant to file this case so the OP No.1 is liable to pay cost of litigation.

                 In the result the consumer complaint succeeds.

Hence,

O R D E R E D

                That CC/559/2017 is allowed ex-parte in part with cost.

               The OPs are directed to deliver possession and execute registration of Deed of Conveyance in respect of car parking space at 47, Ajoy Nagar, P.S. Purba Jadavpur, Kolkata-700 075, Dist South 24-Pargs within one month from the date of communication of this order after receiving balance amount of Rs.75,000/- from the Complainant. The OP No.1 is directed to pay Rs.7,500/- towards litigation cost within the aforesaid period.

             Alternatively execution of registration of Deed of Conveyance will be done so the machinery of this Forum after filing execution application by the DHr and, in that case balance amount of Rs.75,000/- will be deposited with the SCWF.