DATE OF FILING                    :     31-07-2012.

DATE OF S/R                            :      31-08-2012.

DATE OF FINAL ORDER      :     02-01-2013.

Arup Kumar Ghosh,

son of Sudhamay  Ghosh, &

Smt. Bandana Ghosh,

w/o. Arup Kumar  Ghosh,

both of Bakultola Lane, Ramrajatola, P.S. Jagacha,

 District –Howrah-------------------------------------------------------------  COMPLAINANTS.

-           Versus   -

1.         M/S . D.S. Construction,

            a  partnership firm, having its office at

            Ashray Apartment ( ground floor ),

            Ambica Kundu Lane, P.S. Jagacha,

            District – Howrah,

            PIN – 4.

2.         Nishikanto Das,

            s/o. late Dhirendranath Das

            of 20/21, Ramcharan Sett Road,

            Howrah – 4.

3.         Surinder Sharma,

            s/o. Jugal Sharma

            of 36/6/24, Bhattacharjeepara Lane,

            Howrah – 4.

            O.P. nos. 2 & 3 being the partners of the

            o.p. no. 1. -----------------------------------------------------------OPPOSITE PARTIES.

                                                P    R    E     S    E    N     T

President     :     Shri T.K. Bhattacharya,  M.A. LL.B. WBHJS.

Member      :      Shri P.K. Chatterjee.

Member       :     Smt. Jhumki Saha.

                                                 F  I   N   A    L       O   R   D    E     R

1.                  The instant case was filed by complainant, Arup Kr. Ghosh and his wife

Smt. Bandana  Ghosh entered into an agreement   for sale on 23-02-2011 with the o.ps. for purchasing one flat as  scheduled in the Agreement for Sale  vide annexure agreement for sale dated 23-02-2011. And they paid a total amount of  Rs. 2,65,000/- to o.ps. till 30-06-2012. On different dates vide annexure money receipts running pages 17 to 26. But in spite of taking such a big amount, o.ps. have not yet completed the entire construction work till the filing of this case.  Complainant requested the o.ps. verbally, for several times to complete the same, to handover peaceful and vacant possession of the flat and to register and  execute the deed of conveyance in their favour after taking the rest amount of Rs. 95,000/-. But their all efforts went in vain. Being aggrieved the complainants filed this instant case and prayed for the directions to be given upon the o.ps. to complete the constructional work and deliver the possession of the scheduled flat, to pay a total compensation of Rs. 6,00,000/- for causing mental agony, for deficiency in service and for the enhanced price of the registration fes and stamp duty along with an amount of Rs. 50,000/- as litigation cost and other order or orders as the Forum may deem fit and proper.

2.                  Notices were served upon the o.ps. They appeared and filed written

version. Accordingly, the case heard on merit.

3.         Upon pleadings of both parties two points arose for determination :

i)          Is there any deficiency in service on the part of the O.Ps.  ?

ii)                  Whether the complainant is  entitled to get any relief as prayed for ? 

DECISION  WITH   REASONS      :

5.         Both the points are  taken up together for consideration. We have carefully gone through the complaint / petition along with documents filed by the complainant and written version filed by the o.ps. on 05-10-2012 and 14-11-2012. O.p.'s prayer for amendment of written version  filed on 14-11-2012.  It has been admitted by the o.ps. vide para no. 4(a) of amendment prayer dated 14-11-2012 which was made a part of written version dated 05-10-2012 that in terms of Agreement for Sale dated 23-02-2011, the o.ps. were bound to complete the constructional work within four months from the date of signing of that agreement. Accordingly to that o.ps.  should have completed the same within 23-06-2011 and handed over the possession to the complainants. Out of total consideration amount of Rs. 3,60,000/- o.ps. had already taken Rs. 2,65,000/-. Only Rs. 95,000/- ws remaining to be paid. Complainants requested them for several times. But they did not care to do the needful. Housing is a basic need for the people and for that people invest money even going beyond their capacity. O.ps. did not realize that primary need and caused severe mental agony to the complainants, which should not be allowed to be perpetuated. We are of the candid opinion that this is a fit case where the prayers of the complainants should be allowed.  

            Hence,

                                    O     R     D      E      R      E        D

      That the C. C. Case No. 80 of 2012 ( HDF 80 of 2012 )  succeeds on merit against  the O.Ps. with cost.   

      The O.Ps. are jointly and severally  directed to complete the scheduled flat in terms of Agreement for Sale dated 23-02-2011 and handover peaceful and vacant possession to the complainants within 30 days from this order i.d. Rs. 50/- per day shall be imposed on the o.ps. till actual completion.

       The complainants are directed to pay Rs. 95,000/- to the o.ps. after getting possession of the said flat.

      The o.ps. are further directed to register and execute the Deed of Conveyance in favour of the complainants within 45 days i.d. Rs. 50/- per day shall be imposed on o.ps. till actual registration from this order and cost of registration and stamp duty are to be borne by the complainants.

       The complainants do get an award of Rs. 50,000/- as compensation and Rs. 10,000/- as litigation cost. 

      The o.ps. are directed to pay the entire amount of Rs. 60,000/- within one month from this order i.d., this amount shall carry an interest @ 10% p.a. till full realization.

      The complainant is at liberty to put the decree into execution after expiry of the appeal period.

      Supply the copies of the order to the parties, as per rule.