- Shri Ram Chandra Das,
60, Durga Charan Doctor Road, Kolkata-14
____Versus____
- Mr. Mollah Abdul Hasib,
89/3, Ripon Street,
Kolkata-16, P.S. Park Street.
- Smt. Nirmala Halder,
2/9, Netaji Nagar,Kolkata-99.
- The Secretary, Purba Kalikapur
Kendriya Committee, 90 Ahalyanagar,
P.S. Purba Jadavpur, P.O. Mukundapur,
Ward No.109, 24 Parganas(N),Kolkata-99.________ Opposite Parties
Present : Sri Sankar Nath Das, Hon’ble President
Dr. Subir Kumar Chaudhuri, Member.
Smt. Samiksha Bhattacharya, Member
Order No. 21 Dated 29/07/2016.
The case of the complainant in short is that o.p. no.1 is the developer and o.p. no.2 is the land owner and o.p. no.3 is the secretary who is the body corporate authorized to give permission for construction of multistoried building in this colony land. The land owner and developer had entered into a joint venture agreement on 10.12.11 for construction of a multistoried building (G+3) at the premises no.2/9, Netaji Nagar, P.S. Purba Jadavpur, P.O. Mukundapur, Kolkata-99. On the basis of the agreement between the land owner and developer a tripartite agreement was signed by o.p. nos.1 and 2 with the complainant in the month of May, 2012. Complainant paid Rs.1 lakh through cheque on 10.5.12 as booking money for the purchase of the flat in question. The total consideration of the flat was fixed at Rs.7 lakhs and complainant paid Rs.1 lakh on the date of signing the agreement. Thereafter complainant paid Rs.1 lakh on 19.6.12 by cheque, Rs.1 lakh on 18.7.12 by cash, Rs.23,000/-, Rs.54,000/- and Rs.73,000/- on 28.8.12 by cash, Rs.80,000/- on 10.9.12 by cash, Rs.20,000/- on 18.10.12 by cash , Rs.1 lakh on 6.11.12 by cheque and Rs.30,000/- on 29.12.12 by cash. Thus complainant paid the total sum of Rs.6,80,000/- including booking money on different dates in order to get the possession of the flat and for execution of the deed of conveyance in his favour. To purchase the flat complainant had taken loan from LIC of India against policy nos.422420318, 422420319 and 423670484. On depositing the policies to LICI and LICI had started to deduct the loan amount with interest. In spite of payment of Rs.6,80,000/- and repeated requests by complainant, the o.p. no.1 did not hand over the flat to complainant. Complainant is ready to pay the balance amount of Rs.20,000/- at the time of registration and execution of deed of conveyance. All necessary formalities have been complied with to get the possession of the flat in question, but in vain. Hence the application praying for a direction upon o.ps. for registration and execution of deed of conveyance or to refund the entire amount of Rs.6,80,000/- along with compensation and cost.
O.p. no.1 appeared before this Forum by filing w/v and denied all the material allegations interalia stated that o.p. no.1 is not a financial institution. He is only a developer. Complainant’s claim is totally baseless and unconstitutional. Complainant is not interested for the flat and o.p. no.1 has stated in his w/v that he is ready to pay the complainant his payment amount of Rs.6,80,000/- by installment. As such, the case is liable to be dismissed. O.p. nos.2 and 3 did not appear before this Forum by filing w/v and as such, the matter was heard ex parte against o.p. nos.2 and 3.
Decision with reasons:
We have gone through the pleadings of the parties, evidence and documents in particular. It is admitted fact that o.p. no.1 is the developer and o.p. no.2 is the land owner and the land owner and developer had entered into a joint venture agreement on 10.12.11 for construction of a multistoried building (G+3) at the premises no.2/9, Netaji Nagar, P.S. Purba Jadavpur, P.O. Mukundapur, Kolkata-99. Complainant had entered into an agreement for sale dt. May 2012 for purchase of the flat of 500 sq.ft. approx super built up area on the 3rd floor front side at 2/9, Netaji Nagar, P.S. Purba Jadavpur, P.O. Mukundapur, Kolkata-99 and the sale consideration of the flat is Rs.7 lakhs. Complainant paid Rs.1 lakh by cheque as booking money on 10.5.12 and thereafter paid Rs.5,80,000/- by cash and through cheques on different dates. As per said agreement dt. May, 2012 the developer would hand over the said flat to complainant by Oct. 2012 and for that purpose complainant paid total sum of Rs.6,80,000/- to o.p. no.1. For the purpose of purchase of flat in question complainant had to take loan from LICI against his three policies. Complainant being a physically challenged of 50% disability repeatedly requested o.p. no.1 for handing over the possession of the flat in question as per agreement, but o.p. no.1 did not pay any heed. In the w/v o.p. no.1 had stated that they were willing to refund the said sum of Rs.6,80,000/- by way of installment but o.p. no.1 did not give any reason why they are not ready to hand over the flat in question in favour of complainant and why there is an inordinate delay for handing over of the flat and execution and registration of deed of conveyance. Hence, we find deficiency in service on the part of o.p. no.1 and complainant is entitled to relief.
Hence, ordered,
That the case is allowed on contest with cost against o.p. no.1 and dismissed ex parte without cost against o.p. nos.2 and 3. O.p. no.1 is directed to execute and register the deed of conveyance of the flat in question in favour of complainant and complainant is also directed to pay the balance amount of Rs.20,000/- (Rupees twenty thousand) only on date of registration. O.p. no.1 is also directed to pay to the complainant compensation of Rs.85,000/- (Rupees eighty five thousand) only for harassment and mental agony and litigation cost of Rs.15,000/- (Rupees fifteen 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.
