Smt. Shampa Ghosh, Hon’ble Member:-

The case was filed by M. Paida, S/o. F. Paida residing at Habib Chawk, 1^st Lane, P.O. – Mallickpur, P.S. – Baruipur, Pin – 700 145, South 24 Pargans against the OP No.1 Mr. Peer Mohammad and others.

In the instant complaint the OP No.1 had purchased one vacant land from the Landowners and for this purpose he had entered into a development agreement with the Landowners on 30.04.2016.  According to the agreement, OP No.1 (Developer) shall complete entire construction of the 4-storeyed (G+3) building within a period of 2 years and 6 months from the date of execution of the development agreement.  Apart from the Landowners allocations the OP No.1 (Developer) is entitled to sell out the others in the domain of the Developer to the intending purchasers.  The OP-1 is entitled to receive the consideration amount from intending purchaser. The OP-1 was given power for execution of the Agreement for Sell with the intending purchaser.  After getting information the complainant approached the OP-1 for purchasing one self contained flat for his residential purpose on the ownership basis, measuring about 378 sq. ft. at the south western side of the proposed newly constructed building being No.1A in the 1^st floor.  The total consideration amount of the flat was Rs.5,00,000/-,  out of which the complainant paid Rs.4,70,000/- to the OP No0.1 by instalments on different dates.  Agreement for Sale was executed on 02.05.2016. The complainant initially paid a sum of Rs.70,000/- in cash on the date of execution of the Agreement of sale.  The complainant in all paid Rs.4,70,000/- by instalments on different dates. 

OP No.1 (Developer) already given the possession in the said flat to the complainant along with the possession letter.  But till today OP-1 has not been executed and registered the sale deed in favour of the complainant.  OP No.1 has delivered physical possession of the flat, but due to non-execution and registration of the Sale Deed in respect of the flat, the complainant is not in a position to submit application before the WBSEDCL for getting electric connection and meter in his own name. Presently the complainant taking electric connection from the Landlady.  The complainant has to spend a lot of money for that.  Until and unless the registration of the Sale Deed is executed by the OP No.1, till then the complainant is not in a position to apply for separate electric connection.  On 04.07.2017 the OP No.1 (Developer) had issued one letter to the complainant with request that OP No.1 giving permission to complete the balance work of the said flat at complainant’s own costs which will be deducted from the due amount, because the Landlady and her sons, daughters creating problem in every times.  Till today there are some incomplete works in the flat of the complainant, which the OP-1 could not complete either of his own motion or due to problem created by the Landowners.  Finding no other alternative, the complainant has filed instant complaint case on the relief as sought for in the petition of complaint.

None of OPs came forward to contest the case by filing W/V and as such by Order No.5 dated 19.01.2024 the instant complaint case was declared to be proceeded ex-parte against the OPs.

Points for consideration :-

1. Is the complainant a consumer?
2. Are the OPs guilty of deficiency in service and unfair trade practice?
3. Is the complainant entitled to get relief as prayed for?

Decisions with reasons :-

Points No.1 :-

On perusal of the case record along with the copies of documents, it appears that the complainant purchased one Self contained flat measuring about 378 sq.ft.  The complainant paid Rs.4,70,000/- by instalments on different dates out of total consideration amount of Rs.5,00,000/- only. Therefore, the complainant is a consumer U/S 2(7) of the Consumer Protection Act, 2019.

As such, the 1^st point is decided in favour of the complainant and against the OPs.

Points No.2 & 3 :-

Both points are taken up together for the sake of convenience and as they are interlinked.

The complainant purchased a self-contained flat measuring about 378 sq.ft, fully described in the schedule of the petition of the complainant as well as the Agreement for Sale dated 02.05.20216.  The complainant made payment of Rs.4,70,000/- only on different dates and the OP-1(Developer) acknowledged the receipt of the same.  The complainant initially paid a sum of Rs.70,000/-  in cash on 02.05.2016 on the date of execution of Agreement for Sale.  The complainant paid total Rs.4,70,000/-, out of total consideration amount of Rs.5,00,000/-.  The complainant is always ready to pay the balance amount of Rs.30,000/- to the OP-1 after execution and registration of Sale Deed in the name of the complainant in respect of the purchased flat.  OP -1 delivered physical possession of the flat, but due to non-execution and registration of the Sale Deed in respect of the said flat, the complainant in not in a position to submit application before WBSEDCL for getting electric connection and  meter in the complainant’s name.  Presently, the complainant taking electric connection from the Landlady and the complainant has to pay a lot of money for that.  Without electricity it is not possible for the complainant to stay therein, until and unless the registration of the Sale Deed is executed by the OP-1 till then the complainant is not in a position to apply for separate electric connection.  It is the duty to the OP-1 for making necessary arrangement, so that the complainant can get electricity in his own name.  Therefore, it is clear from the averments of the complainant that the OP-1 is guilty of deficiency in service and unfair trade practice.  As the complainant failed to get service from the OP-1, and complainant was harassed by the OP-1 in various ways.  Therefore, the complainant is entitled to get relief as prayed for. 

Thus the Point Nos.2 & 3 are decided in favour of the complainant and against  OPs. 

The complainant is entitled to get a decree in his favour and against the OP-1.

In the result, the complaint case succeeds.

Fees paid is correct.

Hence, it is,

ORDERED

that the instant complaint case be and the same is hereby allowed ex-parte as against the OPs in part with cost of Rs.25,000/- (Rupees Twenty Five Thousand) only .

OP-1 is directed to execute and register the Sale Deed in respect of the said flat in favour of the complainant after taking the balance consideration amount along with registration cost to the tune of Rs.30,000/- (Rupees Thirty Thousand) within 45 days of passing this order.

OP-1 is directed to provide completion certificate of the building after obtaining the same from the competent authority within 45 days of passing this order.

OP-1 is further directed for making arrangement, so that the complainant can apply separate electric connection and meter in his name before the WBSEDCL within 45 days from the date of passing this order.

OP-1 is further directed to pay a sum of Rs.25,000/- (Rupees Twenty Five Thousand) as compensation for harassment and mental agony caused to the complainant within 45 days from the date of passing this order.

OP-1 is directed to pay litigation cost of Rs.25,000/- (Rupees Twenty Five Thousand) to the complainant within 45 days from the date of this order. 

The complainant is at liberty to put the order into execution after the expiry of 45 days in case the orders are not complied with by the OP No.1 within 45 days from the date of passing this order.

Let a copy of this order be supplied free of cost to the parties concerned.

That the final order will be available in the following website:www.confonet.nic.in.

Dictated and corrected by me.

                  Member