In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No.248/2012
1) Mrs. Indrani Banerjee,
39C, Prince Rahimuddin Lane, Kolkata-700033. ---------- Complainant
---Versus---
1) Sri Goutam Banerjee and
1(a) Sandhya Banerjee
39 & 39E, Rahimuddin Lane, Kolkata-700033.
2) Mrs. Kamala Paul,
3) Sri Chandranath Paul,
4) Sri Indranath Paul
5) Sri Bikash Kumar Paul
6) Mrs. Ratna Dhar
All are residing at :-
11/8, Prince Rahimuddin Lane, Kolkata-700033. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Smt. Sharmi Basu, Member
Order No. 9 Dated 31/12/2012.
The petition of complaint has been filed by the complainant Mrs. Indrani Banerjee against the o.ps. Sri Gautam Banerjee and others. The case of the complainant in short is that complainant entered into an agreement with o.p. no.1 who happens to be the developer of the project while o.p. nos. 2 to 6 are the land owners of the premises on 21.9.1998 for purchasing of a flat measuring about 472 sq.ft. at the 2nd floor, western side of premises no.11B, Prince Rahimuddin Lane, P.S. Tollygunge, presently Charu Market, within the limits of KMC under postal pin code nio. Kolkata-700033, in the District of 24 Parganas (South) , at and for the price of Rs.1,23,400/- with undertaking to make payment for completion of the said space into a composite flat and in all the total cost of Rs.2,12,400/-.
Upon completion of the construction of the said building received of the entire sum inclusive of the price of the space measuring 472 sq.ft. together with the cost of the construction for making a space of habitable composite flat with privy and toilet as also the kitchen with allied facilities available therein. O.p. no.1 issued possession certificate in favour of the complainant on 7.3.2000 and upon receipt of such possession certificate the complainant has taken possession of the said composite flat and requested the o.ps. to execute and register the deed of conveyance in respect of the said flat together with proportionate share of land at the ground floor of the said premises in respect of the said flat.
Ops. assured the complainant to execute and register the deed of conveyance in her favour in due time. But unfortunately on this plea or the other the o.ps. have deferred the execution and registration of the said flat in favour of th e complainant. Hence the case was filed by complainant with the prayer contained in the petition of complaint.
In this case developer o.p. no.1 and o.p.no.1 (a) had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. O.p. nos.2 to 6 did not contest the case by filing w/v and matter was heard ex parte against o.p. nos.2 to 6.
Decision with reasons:-
We have gone through the pleadings of the parties, evidence and documents in particular and we find that complainant entered into an agreement with o.p. n o.1 originally and o.p. nos.2 to 6 are the land owners. On 21.9.1998 for purchasing a flat measuring 472 sq.ft. for the price of Rs.1,23,400/- with undertaking to make payment for completion of the said space into a composite flat and in all the total cost of Rs.2,12,400/- and complainant paid the entire amount and got the possession of the flat, but the flat was not registered with the opposition of land owners i.e. o.p. nos.2 to 6. It is settled principle of law that the consumer should not suffer in such a case for any conflict in between the land owners and promoter/developer and on perusal of the entire materials on record we find that o.ps. are at fault and deficient being service provider to its consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the case is allowed on contest with cost against o.p. no.1 and o.p. no.1 (a) and ex parte with cost against o.p. nos.2 to 6. O.ps. are jointly and/or severally directed to register the deed of conveyance in respect of the property mentioned in the schedule ‘A’ of the petition of complaint in favour of the complainant and / or her nominee and are further directed to pay compensation of Rs.50,000/- (Rupees fifty thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% shall accrue over the entire sum due to the credit of the complainant and / or her nominee till full realization.
Supply certified copy of this order to the parties free of cost.
