DIST. CONSUMER  DISPUTES  REDRESAL  COMMISSION

NORTH 24 Pgs., BARASAT.

 C.C. No.246/2017

Date of Filing:                       Date of Admission:                 Date of Disposal:

    11.05.2017                           25.05.2017                                          15.05.2023

P R E S E N T                 :-    Smt. Monisha Shaw …………………. Member.

                                        :-     Sri.  Abhijit Basu      …………………. Member.

          JUDGMENT

          The case is filed u/s 12 of the  Consumer Protection Act, 1986.

          The brief facts of the case is as follows:-

The complainants agreed to purchase a flat from opposite parties. One agreement for sale was held on 01.02.2010. Thereafter receiving entire consideration money O.P. No.2 and 3 executed a registered deed of conveyance being Deed No. 8126/2010 in favour of complainant Nos. 1 and 2. The said Deed was registered before the A.R.A-II, Kolkata. Another deed was executed by O.P. Nos. 2 and 3 being Deed of conveyance No. 6332/2012 in favour of complainant No. 3 and 4. This deed was registered before A.D.S.R, Cossipore, Dum Dum, North 24 Parganas. But the O.P- members did not supply the completion certificate to the complainant. Therefore complainants could not able to mutate their names in the concern Municipality. After receiving the notice opposite parties appeared and filed written version and stated that some reasonable time is required for providing completion certificate. It is also admitted by the O.P. No.1 that he handed over te possession of O.P. Nos. 2 and 3 the entire 2^nd floor and 1^st floor front side at premises No. 18, Prafulla Chaki Road, P.S. Baranagar, Kolkata-700036, which is the owner’s

Contd/-2

C.C. No.246/2017

:: 2 ::

allocated area. It is submitted by the Advocate of the complainants that in written version O.P states in paragraph 20 that he has already provided completion certificate to other purchaser. The complainant demanded many times to the O.P- members for supplying the completion certificate but in vain.

Compelling circumstances complainant filed this case for redressal.

Issue framed for the purpose of decision

1. Whether the case is maintainable or not?

2. Whether the complainant is entitled to get relief or reliefs in this case or not?

Reason for Judgment

          Considering the facts and circumstances of the case as well as nature and character of the case all the points are interlinked with each other and as such all the points are taken up together for consideration. The territorial and pecuniary jurisdiction is with this commission. Hence, this commission has ample power to try this case.

          In the instant case all the complainants are consumer and the opposite parties are service provider. O.P developer is always liable for provide the completion certificate in spite of registration of deed of conveyance.

          As the opposite parties did not provide the completion certificate hence the opposite parties are liable to hand over the completion certificate to the complainants. The O.P appeared and submitted that some reasonable time is required for handed over the possession certificate.

          As the opposite parties did not provide completion certificate so he is liable to hand over the completion certificate. As the O.P. No.1 by submitting W/V stated that sometime is required for handed over completion certificate and after completion of building hand over the possession and register the conveyance but admitted that completion certificate was not handed over.

          Hence, it is ordered

          that the case be and the same being No. 246/2017 is allowed and disposed of on merit as O.P was not present at the time of argument, therefore heard exparte.

Hence,

It is directed to the O.Ps to handed over the possession certificate to the complainant within four months from the date of this judgment.

          Failing which the complainant has liberty to file execution case as per law.

Contd/-3

C.C. No.246/2017

:: 3 ::

            Let plain copy of this order be given to the parties free of cost as per CPR, 2005.

Dictated & Corrected by me                      

Member

Member                                                                Member