In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No.47/2011
1) Smt. Kanak Lata Das and
2) Sri Anil Kumar Das
Both of 91B, Baburam Ghosh Road, Kolkata-700040. ---------- Complainant
---Versus---
1) Smt. Kunjalata Das,
P-107, C.I.T. Road, Kolkata-700014.
2) Sri Subir Kanti Das,
P-107, C.I.T. Road, Kolkata-700014.
3) Sri Amitava Bose, Prop. Of Bose Construction,
19/1, Nabin Mukherjee Lane, Shibpur, Howrah.
4) Sri Mithu Mondal, Partner of R.M. Construction,
3/195B, Vidyasagar Upnibesh, Kolkata-700047.
5) Sri Rajib Paswan @ Bhola Paswas, Partner of R.M. Construction,
3, N.N. Ghosh Lane, Kolkata-700040.
6) Bose Construction,
175, S.P. Mukherjee Road, Kolkata-7000026. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member
Order No. 20 Dated 12/10/2012.
The petition of complaint has been filed by the complainants Smt. Kanak Lata Das and Sri Anil Kumar Das against the o.ps. Smt. Kunjalata Das and others. The case of the complainant in short is that on 29.9.07 and 11.4.08 an agreement for sale was signed by and between complainant no.1 and the developer i.e. o.p. no.3 and in the said agreement o.p. nos.1 and 2 i.e. the land owner was the confirming party to the said agreement for sale of a flat measuring 1080 sq.ft. at the 1st floor containing three bed room, two toilets, one kitchen one puja room, one drawing cum dining, one veranda of the flat lying and situated at 91B, Baburam Ghosh Road, Kolkata-40 for a total consideration amount of Rs.10 lakhs along with a shop room in the ground floor road facing west side measuring 200 sq.ft. for a total consideration amount of Rs.40,000/-.
Further case of the complainant is that as per agreement for sale dt.29.9.07 the shop room shall be delivered within 3 months from the date of signing of the agreement and as per agreement dt.11.4.08 the flat shall be delivered within 12 months from the date of signing of the agreement to the complainant by way of regd. sale deed of conveyance. Complainant time to time paid the total consideration money of Rs.7,85,000/- to o.p. nos.3 and 6 out of total consideration money of Rs.10 lakhs plus Rs.40,000/- totaling Rs.10,40,000/- and the rest of the amount shall be paid by complainant at the time of taking possession of the flat and shop room by way of regd. sale deed of conveyance in favour of complainant.
o.p. nos.1 and 2 without any intimation to complainant, further made a development agreement with o.p. nos.4 and 5 for completion of the construction of the rest of the work of the building, though o.p. nos. 1 and 2 are being the owner of the land also the confirming party to the agreement for sale of a flat and shop room.
Complainant was all along ready and willing to pay the rest of the amount of Rs.2,15,000/- to o.ps. but even after expiry of the specified period of time o.ps. failed and neglected to hand over the possession of the flat and shop room to complainant no.1. O.ps. did not pay heed to the request of complainants. Hence the case was filed by complainants with the prayer contained in the petition of complaint.
O.p. nos.1 and 2 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.3 to 6 did not contest the case by filing w/v and matter was heard ex parte against o.p. nos.3 to 6.
Decision with reasons:
We have gone through the pleadings of the parties, evidence and documents in particular. It is apparent from the record that o.ps. did not register the flat and shop room in question despite repeated persuasion by the complainants and we find that this act on the part of o.ps. amounts to deficiency in service on the basis of materials on record disclosed to their consumers / complainants and complainants are entailed to relief.
Hence, ordered,
That the petition of complaint is allowed on contest against o.p. nos.1 and 2 with cost and ex parte against o.p. nos.3 to 6 with cost. O.ps. are jointly and/or severally directed to register the scheduled property i.e. the flat in favour of complainant no.1 after receipt of balance amount of Rs.2,15,000/- (Rupees two lakhs fifteen thousand) only measuring 1080 sq.ft. super built area consisting of 3 bed rooms, 2 toilets, 1 kitchen, 1 puja room, 1 drawing room, 1 dining and 1 varanda situated at premises no.91B, Baburam Ghosh Road, P.S. Regent Park, Kolkata-700040 within 45 days from the date of communication of this order, i.d. o.ps. are jointly and/or severally directed to refund to complainant no.1 a sum of Rs.7,85,000/- (Rupees seven lakhs eighty five thousand) only the amount already paid by complainant no.1 to o.ps. together with interest @ 9% p.a. from the date of deposit till the date of realization and are further directed to pay compensation of Rs.30,000/- (Rupees thirty 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.
O.ps. are jointly and/or severally directed to register the scheduled shop room measuring 200 sq.ft. built up area on the ground floor at the road side west facing at premises no.91B, Baburam Ghosh Road, P.S. Regent Park, Kolkata-700040 in favour of complainant no.1 within 45 days from the date of communication of this order, i.d. o.ps. are jointly and/or severally directed to refund to complainant no.1 a sum of Rs.40,000/- (Rupees forty thousand) only the amount already paid by complainant no.1 to o.ps. together with interest @ 9% p.a. from the date of deposit till the date of realization and are further directed to pay compensation of Rs.10,000/- (Rupees ten thousand) only for harassment and mental agony 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.
