In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No. 339/2011
1) Sri Kalinath Dey,
1, Hatgagahia, Dhapa, P.S. Tiljala, Kolkata-700105. ---------- Complainant
---Versus---
1) Sri Kishore Thakur.
2) Sri Debanand Thakur.
3) Sri Rajinder Thakur.
4) Sri Nicholas Rajesh D’Costa.
5) Smt. Manju Mangare D’Costa.
6) Sri Victor Dipraj @ Chanchal D’Costa.
All residing at 14, Sarat Ghosh Street, Kolkata-14.
7) M/s. Dream Developers,
1, Kamardanga Road, Kolkata-46,
Represented by its proprietor
Sri Sudipta Sarkar,
1/A, Kamardanga Road, Kolkata-46. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri ,Member
Smt. Sharmi Basu ,Member
Order No. 13 Dated 16/01/2013.
In a nutshell, the case of the complainant is that complainant entered into an agreement on 11.11.05 with o.ps. for purchase of flat being Flat no.5 from the 4th floor, south eastern corner measuring about 775 sq.ft. of super built-up area together with proportionate undivided share of land at premises no.54/4A, Debendra Chandra Road, P.S. Tangra, Kolkata-15 under District 24 Parganas (south) within the jurisdiction of this Forum at and for the price of Rs.6,20,000/-.
In terms of the said agreement upon due payment of the total consideration money though the possession of the said flat had been handed over to the complainant still no completion certificate of the said premises upon construction of the said building where the flat in question is situated had been handed over the complainant.
Complainant has requested o.ps. to provide him with the completion certification upon completion of the incomplete portion of the building but till date o.ps. have failed and neglected to do the same and as a result thereof under compelling circumstances the complainant h as been obliged to prefer the present complaint for a direction upon o.ps. to complete the incomplete portion of the said building and to make colour washing thereof and upon completion of the same to obtain the ‘completion certificate’ from Kolkata Municipal Corporation and thereafter to execute and register the deed of conveyance in respect of the said flat in favour of the complainant.
Complainant made series of request to o.ps. to complete the building and to execute and register the deed of conveyance in respect of flat no.5 in the name of the complainant upon securing completion certificate from KMC but o.ps. failed and neglected to do the same. Hence the case was filed by complainant with the prayer contained in the petition of complaint.
All o.ps. 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.
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 for purchasing a flat measuring 775 sq.ft. at a price of Rs.6,20,000/- and in terms of the said agreement upon due payment of the consideration money though the possession of the said flat was handed over to the complainant still no completion certificate in respect of the said premises was given to the complainant nor the deed of conveyance was registered by o.ps. despite repeated requests by complainant.
From the record we find that both the parties had admitted the position that the total consideration money was paid by complainant and complainant is in possession of the flat and despite the same o.ps. did not hand over the completion certificate of the said flat after obtaining from KMC nor executed the deed of conveyance and this act on the part of o.ps. amounts to deficiency in service being service providers to their consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the case is allowed on contest with cost against all o.ps. O.ps. are jointly and/or severally directed to complete the incomplete portion of the said premises i.e. the premises in question and to hand over the completion certificate to the complainant and are further directed to execute the deed of conveyance of the flat in question in favour of the complainant 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 till full realization.
Supply certified copy of this order to the parties free of cost.
