In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No.428/2010
1) Mrs. Jharna Gosh,
2) Mr. Abhijit Ghosh,
Both at present residing at
29/2, Sahapur Colony (East), Flat No.3A, 2nd Floor,
New Alipore, P.S. New Alipore, Kolkata-53. ---------- Complainants
---Versus---
1) Mrs. Rita Kankani,
18, Parsee Church Street, Room no.201, Kolkata-1.
2) Mrs. Kalyani Ganguly,
3) Mr. Sanjay Ganguly,
4) Mr. Sanjib Ganguly,
5) Mrs. Sangita Bose,
6) Mr. Prabir Mukherjee,
All resident of
29/2, Sahapur Colony (East), 1st Floor,
New Alipore, P.S. New Alipore, Kolkata-53. ---------- Opposite Parties.
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Sharmi Basu, Member
Order No. 21 Dated 20-03-2013.
The case of the complainant in short is that complainant no.1 and the predecessor – in – interest of the complainant no.2 liked the aforesaid offer of the o.p. no.1 and the predecessor in interest of the present owners found it suitable and within their budget. Being impressed by the said representation of o.p. no.1 and the predecessor in interest of the complainant no.2 became interested in the offer to own a residential accommodation at the proposed three storied (G+3) new building to be constructed at the premises No.29/2, Sahapur Colony (East), New Alipore, P.S. New Alipore, Kolkata-53.
Complainant no.1 and the predecessor in interest of the complainant no.2 entered into an agreement with o.p. no.2 as well as with the predecessor in interest of the present owners Kanai Lal Ganguly (since deceased) on 28.12.2000 to purchase of a self contained flat, measuring more or less 100 sq.ft. to be erected or built on the 2nd floor, southern side (road side) of the proposed building being premises No. 29/2, Sahapur Colony (East), New Alipore, P.S. New Alipore, Kolkata-53 together with the proportionate undivided impartiable share in land of the said premises at and for a total consideration of Rs.825/- per sq.ft. i.e. Rs.8,25,000/-.
According to terms of the said agreement o.p. no.1 was under obligation to complete the said premises and flat by (approx) August, 2001, but same was done only on December 2003 and the complainant no.1 and the predecessor in interest of the complainant no.2 was put into possession of the flat on 20.12.03.
Complainant no.1 and the predecessor in interest of the complainant no.2 paid the entire consideration Rs.8,25,000/- in respect of the flat and proportionate share of land, (in fact paid excess Rs.63,000/- which is to be adjusted with cost of stamp paper and registration charges), but in spite of that o.ps. did not execute the deed of conveyance in respect of the said flat.
The complainant no.1 finding no other alternative instructed her Ld. Advocate Mr. Vivek Poddar to issue a notice to o.ps. calling upon them to necessary arrangements to execute the deed of conveyance in respect of the said flat within fortnight from the receipt of said notice and accordingly her Ld. Advocate issued a notice dt.3.11.10 calling upon them to comply the requisition of the said notice otherwise complainant will have no other alternative but to take necessary legal action. Hence the case was filed by the complainant with the prayer contained in the petition of complaint.
O.p. no.1 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.2 to 6 did not contest the case by filing w/v and matter was heard ex parte against o.p. nos.2 to 6. Ld. Lawyer of o.p. no.1 in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.
Decision with reasons:
