- Kalpana Das,
Mohisgote, Krishnapur, P.S. New Town,
P.O. Krishnapur, Kolkata-700102. _________ Complainant
____Versus____
- Md. Shamim, Proprietor,
M/s Fiza Afreen Building Construction & Developers,
15/H/12, Bibi Bagan Lane,
P.O. & P.S. Tangra, Kolkata-15.
- Kartick Bose,
G1-723, Sukanta Nagar, Sector-IV,
Salt Lake City, Kolkata-98. ________ Opposite Parties
Present : Sri Sankar Nath Das, Hon’ble President
Dr. Subir Kumar Chaudhuri, Member.
Smt. Samiksha Bhattacharya, Member
Order No. 10 Dated 17-07-2015.
The case of the complainant in short is that complainant entered into an agreement with o.ps on 19.1.13 to purchase a flat measuring 500 sq.ft consisting of two bedrooms, one kitchen, toilets / bathroom, balconies etc. on the ground floor for total consideration amount of Rs.10 lakhs only. O.p. no.1 is developer and o.p. no.2 is landlord in respect of the plot of land in question. Complainant paid Rs.5000/- as booking amount and Rs.5 lakhs was paid at the time of entering the agreement. In terms of agreement complainant further made payment of Rs.1,50,000/- by cash on 8.2.13, Rs.1 lakh by cash on 19.2.13, Rs.1 lakh by cash on 23.3.13 and Rs.50,000/- by cash on 3.5.13 which was duly received by o.p. no.1. In the agreement for sale it was specifically mentioned that the possession of the said flat would be completed and handed over to the purchaser within 60 days from the date of agreement but till date the flat is not handed over to the complainant by o.ps. Complainant visited of office of o.p. on several occasion for taking possession of the said flat by paying the balance consideration but o.p. no.1 always took some excuse and ultimately failed and/or neglected to deliver the possession and register the said flat to the complainant by receiving the balance consideration amount. Whenever complainant visited the office of o.p. no.1 to request him to deliver the possession of the flat and register the same in favour of the complainant every time o.p. no.1 avoided and ultimately refused to hand over the possession of the flat to the complainant. Then complainant sent a letter to o.p. no.1 on 20.1.14 requesting him to deliver the possession of the said flat and to receive the balance consideration amount. Then complainant sent an advocate’s letter on 4.4.14 but in vain. Hence the application praying for registration of the scheduled flat mentioned in the agreement dt.19.1.13 in favour of the complainant by accepting the balance consideration money and to issue the original money receipt along with compensation and cost. Complainant has also prayed for completion certificate for the flat in question.
Though the notices were served upon both o.ps. they did not turn up and as such, matter was heard ex parte against both o.ps.
Decision with reasons:
We have gone through the evidence of the complainant and documents in particular. It is admitted fact that complainant entered into an agreement with o.ps on 19.1.13 to purchase a flat measuring 500 sq.ft consisting of two bedrooms, one kitchen, toilets / bathroom, balconies etc. on the ground floor for total consideration amount of Rs.10 lakhs only. Complainant paid Rs.9 lakhs on different dates. The receipts of money were mentioned in page 8 of the agreement signed by o.p. no.1 and complainant. It is clearly written in page 4 of the said agreement that ‘the developer agreed to give the possession of the above referred flat to the purchaser within 60 days from the day of agreement and they make a schedule for payment term and specification of flat’. In the schedule A specification of flat and in schedule B payment specification had been mentioned. In schedule C we have observed that developer shall have his full right in disposing of the allotting portion of the said building in favour of the intending buyer after handing over the owner’s allocation. So, it is specifically mentioned that the sale proceeds would be completed and registered within 60 days but not only the o.ps. failed to honour their commitment but also misrepresented the complainant assuring that the flat would be handed over within few days. The agreement for sale was singed on 19.1.13 and the last payment was made by complainant on 3.5.13. Due to unchallenged testimony we have nothing to disbelieve and we find there is deficiency in service on the part of o.ps. and as such, complainant is entitled to get relief.
Hence, ordered,
That the case is allowed ex parte with cost against the o.p. no.1 and without cost against o.p. no.2. O.ps. are jointly and/or severally directed to give possession and execute and register the flat in question mentioned in the agreement for sale dt.19.1.13 in favour of the complainant by accepting the balance consideration money of Rs.95,000/- only to o.p. no.1. O.p. no.1 is also directed to issue original money receipt for the amount received by him time to time and also for balance consideration of Rs.95,000/- only as aforesaid and the completion certificate. O.p. no.1 is further directed to pay to the complainant compensation of Rs.1,00,000/- (Rupees one lakh) only for harassment and mental agony and litigation cost of Rs.10,000/- (Rupees ten thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 10% p.a. 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.
