DATE OF FILING : 10.01.2017.
DATE OF S/R : 21.02.2017.
DATE OF ORDER : 24.05.2017.
Sri Sokindra Mahto @ Sukhender Mahto,
son of late Ram Dalyal Mahto,
of 11, Uma Charan Bose Lane,
P.S. Shibpur, District Howrah,
PIN 711102…………… …….………………………….……..…… COMPLAINANT.
- M/S. Balaji Construction,
represented by its proprietor
Sri Sudhir Chowdhury,
son of late late SubhasChowdhury
of 21/1, Narasingha Bose Road, P.S. Shibpur,
District Howrah,
PIN 711101
and also residing at 35/2A, Charu Chandra Sinha Lane,
District Howrah,
PIN 711101.
- Smt. Chonia Devi,
w/o. late Shyamlal Mala.
- i) Smt. Mana Devi,
w/o. late Shyamlal Mala,
- Smt. Bharti Mala
- Smt. Arati Mala,
both d/o. late Shewdhari Mala,
- i) Smt. Kalawati Devi,
w/o. late Omprakash Mala,
- Sri Ajay Mala,
- Sri Moogli Mala,
both son of late Omprakash Mala,
- Smt. Sony Mala,
- Smt. Puja Mala,
d/o. late Omprakash Mala.
- Sri Raj Mukar Mala,
- Sri Bijoy Kumar Mala,
- Sri Munna Mala,
- Sri Birju Mala,
o.p. nos. 5 to 8 are all sons of late Shewdhari Mala,
11, Uma Charan Bose Lane, P.S. Shibpur,
District Howrah,
PIN 711102. ……..…………………….………………OPPOSITE PARTIES.
P R E S E N T
Hon’ble President : Shri B. D. Nanda, M.A. ( double ), L.L.M., WBHJS.
Hon’ble Member : Shri A.K. Pathak.
Hon’ble Member : Smt. Banani Mohanta ( Ganguli ).
F I N A L O R D E R
- This is an application U/S 12 of the C. P. Act, 1986 filed by the petitioner, Sri Sokindra Mahto @ Sukhender Mahto, against the o.ps., M/s. Balaji Construction and seven others, praying for a direction upon the o.ps. to execute and register the sale deed in favour of the petitioner in respect of the 1st floor flat measuring 700 sq. ft. including 15% super built up area after completing the pending construction work which is situated at 11, Uma Charan Bose Lane, P.S. Shibpur, in favour of the petitioner and to handover 108 sq. ft. area of the flat plus 15% super built up area or to refund the amount of value of 108 sq. ft. with 18% p.a. interest and to pay Rs. 3 lakhs as compensation and Rs. 1 lakh as litigation costs.
- The case of the petitioner is that he entered into an agreement for sale with the o.p. no. 1 on 03.5.2007 in respect of first floor flat measuring 700 sq. ft. + 15% super built up area of the newly constructed building situated at 11, Uma Charan Bose Lane, P.S. Shibpur, Howrah, at a total consideration of Rs. 4,90,000/-. The o.p. nos. 2 to 8 are the landlords who appointed o.p. no. 1 as developer / promoter to develop the property.
- The petitioner has already paid Rs. 5,35,000/- instead of Rs. 4,90,000/- and the o.ps. thus received extra amount of Rs. 45,000/-. The possession of the flat was handed over to the petitioner measuring about 592 sq. ft. instead of 700 sq. ft. on 15.6.2012 in an incomplete condition. On 21.12.2016 the petitioner sent a letter through his advocate asking the o.ps. to execute and register the sale deed but they ignored. The act of the o.ps. amounts to deficiency in service and unfair trade practice and having no other alternative the petitioners filed this case.
- The o.ps. did not appear and thus the case is heard ex parte against the o.ps.
5. The only point to be decided here is whether the petitioner is entitled to the reliefs as prayed for ?
DECISION WITH REASONS :
6. In support of his case the petitioner filed the agreement for sale of flat dated 03.05.2007 and also the money receipts showing payment of Rs. 5,35,000/- even though it is noticed from the agreement for sale that the total consideration was fixed Rs. 4,90,000/- for the 700 sq. ft. area of the flat in the first floor + 15% super built up area. When the possession of the flat was delivered to the petitioner it is noticed that the area of the flat was only 592 sq. ft. instead of 700 sq. ft. and thus the petitioner is entitled to refund of consideration of 108 sq. ft. area and also the excess amount paid over the total consideration of Rs. 4,90,000/- . But the money receipts proved the fact that the o.p. no. 1 received a sum of Rs. 45,000/- extra from the petitioner who is in possession of the property and such possession is proved from the electric bill of CESC in the name of the petitioner. The above oral and documentary evidences went unchallenged and there is nothing to disbelieve the case of the petitioners who are entitled to the reliefs as prayed for and thus the petitioner has succeeded in proving the case ex parte.
In the result, the application succeeds.
Court fee paid is correct.
Hence,
O R D E R E D
That the C. C. Case No. 5 of 2017 ( HDF 5 of 2017 ) be and the same is allowed ex parte with costs against the o.ps., who are directed to execute and register the sale deed in favour of the petitioner after completing the construction work and also o.p. no. 1 is to pay Rs. 45,000/- being the excess consideration money and also further to pay consideration amount for 108 sq. ft. less are handed over to the petitioner.
The o.p. no. 1 is also to pay compensation of Rs. 20,000/- to the petitioner for the mental agony and harassment suffered by them for so many years and also to pay Rs. 50,000/- out of which Rs. 10,000/- would pay to the petitioner as litigation costs and the rest Rs. 40,000/- would be deposited in the Consumer Legal Aid Account of this District Forum.
All the above payments will be made within 30 days from the date of this order failing the petitioner would be at liberty to put the order in execution.
Supply the copies of the order to the petitioner, free of costs.
DICTATED & CORRECTED
BY ME.
( B. D. Nanda )
President, C.D.R.F., Howrah.
