DIST. CONSUMER DISPUTES REDRESAL COMMISSION
NORTH 24 Pgs., BARASAT.
C.C. No.215/2019
Date of Filing: Date of Admission: Date of Disposal:
05.07.2019 11.07.2019 25.05.2023
Complainant/s:- | Rajesh Singh, S/o. Lalan Sigh, Dakshinpara, P.O. and P.S. Barasat, North 24 Parganas, Kolkata-700124. = Vs |
Opposite Party/s: | 1.Dutta Construction, a proprietorship firm having its Office at Banamalipur, P.O. and P.S. Barasat, Kol-124, North 24 Parganas. (i)Sri Sisir Kumar Dutta, S/o. Late Keshab Chandra Dutta, Keshab Apartment, Banamalipur, P.O. and P.S. Barasat, Kolkata-700124, North 24 Parganas. 2.Pranay Chatterjee, S/o. Late Pradip Chatterjee, Vidyasagarpally, Vivekananda Road, P.O. and P.S. Barasat, Kolkata-700124, North 24 Pgs. |
P R E S E N T :- Smt. SuklaSengupta…………………President.
:- Sri. Abhijit Basu …………………. Member.
JUDGMENT
Complainant filed this case u/12 read with Section 13 and 14 of the Consumer Protection Act 1986.
The facts of the case is complainant booked a flat measuring about 600 Sq.ft with a consideration money of Rs. 5,50,000/- at 2nd floor of holding No.116/4, S.B. Road, Ward No.24, Dag No.331, R.S. Khatian No. 738 at Mouza- Barasat, P.S. Barasat. The details are mentioned in schedule –‘B’ of the agreement for Sale Deed. The complainant paid Rs. 1,80,000/- as advance money to O.Ps. The development agreement and development power of attorney were made between the parties. Barasat Municipality sanctioned the plan. O.P. No.1(i) was invited the intending purchaser to purchase flat of ‘B’ schedule property mentioned in the complaint. Complainant paid Rs. 1,80,000/- as advance amount and it was agreed by both the parties that rest amount shall be paid at the time of registration. On several time the complainant requested the O.Ps to register the sale deed and after given possession issue possession certificate and completion certificate but in vain. Complainant issue demand notice to the O.Ps on 27.05.2019 but no fruitful results was happened. The O.Ps did not agree to do the same and refused to do the same. Hence the complainant filed this case.
This case is within in the pecuniary and territorial jurisdiction of this commission.
Contd/-
C.C. No.215/2019
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The O.P appeared by filing Vakalatnama but thereafter not appeared before this Commission.
Issue framed for the purpose of decision
1. Whether the case is maintainable or not?
2. Whether the complainant is entitled to get relief or reliefs in this case or not?
Reason for Judgment
Considering the facts and circumstances of the case as well as nature and character of the case all the points are taken up together. We considered all documents, complaint and other papers.
The complainant paid Rs. 1,80,000/- as advance money out of Rs. 5,50,000/-. The complainant agreed to pay the balance amount and requested the O.Ps for handed over the ‘B’ schedule property with completion certificate and possession letter and complainant also requested for handed over the possession. The O.Ps refused to do the same. As the complainant paid Rs. 1,80,000/- for purchase schedule’B’ property mentioned is the complaint therefore the complainant is a consumer as per Consumer Protection Act and the O.Ps are the service provider. But the opposite parties did not provide service which is treated as deficiency of service. The O.Ps are liable to hand over the possession of the flat and issue possession certificate along with completion certificate by receiving the balance amount of consideration money. But the O.Ps refused to do the same which is deficiency of service.
The complainant proved his case, therefore he is entitled to get reliefs.
Hence, it is ordered,
that the case being no. C.C./215/2019 be and the same is heard ex-parte as the O.P was not filed written version and not appeared at the time of final hearing.
It is directed the opposite parties to hand over the schedule ‘B’ property of the complaint and / or suit property to the complainant with habitable condition and issue possession letter and completion certificate and also execute and register the deed of conveyance of said schedule ‘B’ property after receiving the balance consideration money in the name of the Complainant with cost of Rs.10,000/- for litigation cost and mental agony alternatively it is directed the O.P(s) jointly and severally to return the advanced amount of Rs. 1,80,000/- with interest of 9% from the date of receipt of money with cost of Rs. 10,000/- for litigation cost and mental agony within three months from the date of this judgment. Failing which the complainant has liberty to file execution 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 President
