DATE OF FILING                    :     19/12/2014

DATE OF S/R                            :      09/03/2015

DATE OF FINAL ORDER      :     26/02/2016

1) SRI RAMJILAL AGARWAL,

S/O, late Maliram Agarwal,

2) Smt. Kanchan Agarwal,

Both of 17, Jeliapara 1^st Bye Lane,

P.S. & Dist Howrah 711 101………………………………………….. COMPLAINANT.

• Versus   -

1.         M/S BALAJI CONSTRUCTION,

            Represented by its Proprietor

Sri Sudhir Chowdhury

S/O late Subhas Chowdj        

Howrah  711101.

2.         Smt. Ganga Mitra,

W/O late Sankar Mitra,

3.         a) Smt Anjali Mitra,

            W/O late Akshany Mitra,

            b) Smt Purnima Mitra

              D/O lat eAkshay Mitra,

          c) Sri Surojit Mitra,

         S/O late Akshay Mitra,

4.         Sri Goutam Mitra,

5.         Sri Swapan Mitra,

            Both Sons of late Sankar Mitra,

            All of 17, Jeliapara 1^st Bye Lane,

            P.S. & Dist Howrah 101……………………………………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      :      Smt. Jhumki Saha.

Hon’ble Member : Shri A.K. Pathak.

F  I   N   A    L       O   R   D    E     R

1. Complainants, Sri Ramjilal Agarwal and Smt. Kanchan Agarwal,  by filing a petition U/S 12 of the C .P. Act, 1986 ( as amended up to date ) have prayed for a direction to be given upon the o.p.no 1 to pay an amount of Rs. 94,575, so paid by the complainant no. 1 to finish the  due construction work, , to pay Rs. 3,00,000/-  to finish the due work or to finish  all due work , to issue possession letter in respect of the flat in question, to pay an amount of Rs.4,00,000 as compensation  and Rs.50,000 as litigation cost along  with other relief or reliefs as the  Forum may deem fit and proper. 

2. Brief fact of the case in that complainants bought a flat from O.P. 1 on payment of Rs.10,30,000/- in total on 24/12/2010 and sale deed was also executed and registered in his favour. The flat is measuring 822 sq. ft. and it was agreed to be sold at a total consideration amount of Rs. 9,86,400/- So it is alleged by the complainants that O.P. 1 took an excess amount of Rs.43,600/- for some extra work to be done at the said flat. Even O.P. 1 gave a declaration on 24/12/2010 to that effect vide annexure. But even after that O.P. 1 did not finish the flat in question   in all respect as per his declaration dt. 24/12/2010. So Complainants had to incur a huge amount of Rs.94,575/- to complete the flat to make it habitable. He filed all original money receipts in support of his claim. And on 08/07/2014 vide annexure complainants served a lawyer’s notice to O.P. 1 asking for the completion of the flat to be done by him. But O.P. paid no heed to their request. Complainant even got the estimated value of marble work to be done by  the o.p no 1 inside their flat for an amount of Rs.1,94,620/- vide annexure. As complainants had made total payment to O.P. 1, they requested O.P. 1 to complete the flat. But O.P. 1 remained silent. Even O.P. 1 did not care to handover possession letter. So being frustrated and finding  no other alternative , complainants filed this instant case with the aforesaid  prayers.
3.  Notices were served up on O.ps. O.Ps. 2 to 5 filed W/V. O.P. 1 neither appeared nor filed W/V. So, the case was heard on contest against O.Ps. 2 to 5 and exparte against O.P. no 1.
4. Upon pleadings of both parties two points arose for determination :

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

2. Whether the complainants are entitled to get any relief as prayed for ? 

DECISION  WITH   REASONS      :

5. We have carefully gone through the W/V filed by O.Ps. 2 to 5 and noted its content. It is the specifie plea taken by O.ps. 2 to 5 that O.P. 1 is entirely liable and responsible for the flat in question as the said flat falls in developer’s allocation. And it is a fact that complainants have no allegations against O.Ps. 2 to 5. Moreover, complainants claimed that they had spent Rs.94575/-which is proved by the original money receipts filed by them.  At the same time, O.P. 1 handed over the possession of the flat to the complainants only on 15/02/2013 although O.P. 1 gave a declaration on 24/12/2010 i.e. at the time execution of the sale deed, that he would hand over the possession after one month from 24/12/2010 ,there by O.P. 1 is already found to be deficient in discharging his duty towards the complainants by which complainant was harassed like anything. Even after receiving the lawyer’s letter dt. 08/07/2014, O.P. 1 remained silent without doing anything, so, is shows that o.p no 1 has no regard or respect for consumer satisfaction. It is also surprising that Deed Of Conveyance was executed on 24/12/2010 and  physical possession was made over only on 15/02/2013 without giving any possession letter. And above all, the flat is still lying in an incomplete condition.  No doubt that o.p no 1 showed a gross negligence towards the complainants for which they have been compelled to suffer mentally, physically, financially which should not allowed to be perpetuated anymore, And their suffering should be compensated in monetary terms. Shelter is a basic need for a human being. Even after receiving such a big amount of Rs.10,30,000/- from the complainants, they were compelled to run from pillar to post.  Moreover, even after receiving notice of this Forum, o.p no 1 did not appear and file any w/v which shows he has nothing to put forward in his favour and we have no difficulty to believe the unchallenged testimony of the complainants against O.P.no.1. Accordingly, we are of candid opinion that it is a fit case where the prayers of the complainants should be allowed. Points under consideration are accordingly disposed of.

      Hence,

                                    O     R     D      E      R      E        D

      That the C. C. Case No.  of 647 of 2014 ( HDF  647 of 2014 )  be  allowed  exparte with  costs  against  the O.Pno.1 and dismissed against o.p nos. 2 to 5 without costs.. 

      That the O.P no 1.  is  directed to pay Rs.3,00,000 to the complainants  as compensation and Rs. 10,000 as litigation costs within one month from the date of this order i.d., the aforesaid  amount shall carry an interest @ 8% per annum 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.           

DICTATED  &    CORRECTED

BY   ME.  

      (  Jhumki Saha  )                                                                  

  Member, C.D.R.F., Howrah.