West Bengal

South 24 Parganas

CC/234/2015

1. Sri Subir Karmakar, S/O Sukanta Karmakar. - Complainant(s)

Versus

Mrs. Jolly Das Thakur Wife of Basanta Thakur, Proprietor of Maa Tara J. Enterprise. - Opp.Party(s)

Mandira Ghosh.

05 Aug 2015

ORDER

DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , JUDGES’ COURT, ALIPORE KOLKATA-700 027

 

         C.C. CASE NO. _234_ OF ___2015_

 

DATE OF FILING : 18.5.2015                        DATE OF PASSING JUDGEMENT:  5.8.2015___

 

Present                         :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :    Mrs. Sharmi Basu & Jinjir Bhattacharya

                                                                             

COMPLAINANT              :  1. Sri Subir Karmakar,s/o Sukanta Karmakar of Bansdroni Sarat Pally, 

                                               P.S.Regent Park, Kolkata – 70.

                                                2.    Smt. Soma Karmakar,w/o Sri Subir Karmakar of Bansdroni Sarat Pally, 

                                               P.S.Regent Park, Kolkata – 70.

 

-VERSUS  -

 

O.P/O.Ps                            :     Mrs. Jolly Das (thakur), w/o Basant Thakur , prop. Of Maa Tara J. Enterprise of

 3A, New Government Colony, Bansdroni, P.S. Regent Park, Kolkata – 70.

________________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

Sri Jinjir Bhattacharya, Member

 

             The complainants having  been interested by an advertisement in a local newspaper (Bartaman) published by the O.P , a developer running her business in the name of “Maa Tara J Enterprise”, mentioning that she is going to sell flats at feasible instalments, made contact with the O.P and executed a Bengali Agreement for sale (Baynapatra) on 27.6.2014 ,whereby the O.P agreed to sell to the complainants a flat at the 2^nd floor of holding no.227, Rania “C” Block, Municipal Ward no.35 under Rajpur Sonarpur Municipality, P.O & P.S Sonarpur, ADSR Sonarpur, District. South 24-Parganas (hereinafter referred to as the suit property ) for a total consideration of Rs.9,00,000/- ,out of which the complainants paid Rs.2,00,000/- in two installments – Rs.10,000/- in cash on 25.6.2014 and Rs.1,90,000/- by cheque on 27.6.2014. It was agreed that balance Rs.7,00,000/- of the consideration money would be payable to the O.P in equal installments of Rs.6000/- per month with effect from January, 2015 and that the O.P will hand over possession of the suit property to the complainants in fully completed condition by 10.01.2015. A separate declaration to that effect was made by the O.P on 25.6.2014 . The said flat and the building wherein the said flat is situated is totally completed and some flats in the building have been already occupied, but on several requests of the complainants the O.P is denying possession of the flat agreed to be sold to the complainant by the O.P . Hence, this case.

            Despite service of summon upon the O.P, the O.P did not file written version and has not contested the case. The case proceeded exparte against the O.P.

            The complainants filed evidence on affidavit and Xerox copies of some documents along with their complaint petition.

            The documents filed include a copy of “Bayna Patra” executed between the complainants and the O.P for sale of a flat measuring 650 sq.ft super built up area in the 2^nd floor of the building at 227, Rania Bloc”C” Ward no.35 of Rajpur Sonarpur Municipality, P.O & P.S Sonarpur , South 24-Parganas for a total consideration of Rs.9,00,000/- . The O.P in this agreement admitted to have received Rs.2,00,000/- as advance from the complainants in two installments. The O.P agreed to give possession of the flat in January 2015 subject to the condition that the complainants shall pay certain sum of money before handing over possession and that the complainants shall clear off the balance consideration of Rs.700000/- in equal monthly installments of Rs.6000/-.

            Now, we see that the agreement has not been produced in original. It is not clear from the stamp paper  name and address of the person to whom the stamp paper for the agreement was sold by the stamp vendor. No amount has been specified in clause 3 of the agreement in the matter of amount to be paid by the complainants to the O.P at the time of obtaining possession of flat from the O.P. No documents is forthcoming from the side of the complainant, in respect of demand, if any, from the end of the O.P for any amount before giving possession to the complainants. It is not also shown by the complainants whether they paid any sum to the O.P to get possession of the flat in January, 2015. No document is made available on behalf of the complainants to show that they have been paying monthly installments of Rs.6000/- to the O.P in terms of clause 1 of the agreement. There is also no document to show that the complainants requested in writing for handing over possession of the flat.

            It is observed that the complainants have failed to prove their case.

            The petition of complaint filed by the complainant ,therefore, fails.

            Hence,

                                                                                    Ordered

That the instant complaint case under section 12 of the C.P Act ,1986 is liable to be dismissed and is dismissed on exparte against the O.P but in the circumstances without any order as to costs.

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

 

Member                                                           Member                                               President

Dictated and corrected by me

 

                        Member

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  

The judgement in separate sheet is ready and is delivered in open Forum. As it is ,

Ordered

That the instant complaint case under section 12 of the C.P Act ,1986 is liable to be dismissed and is dismissed on exparte against the O.P but in the circumstances without any order as to costs.

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

 

Member                                                           Member                                               President