DIST. CONSUMER DISPUTES REDRESSAL COMMISSION
NORTH 24 Pgs., BARASAT.
C.C. No. 101/2022
Date of Filing: Date of Admission: Date of Disposal:
07.04.2022 21.04.2022 23.06.2023
Complainant/s:- | - MR. APURBA ROY CHOWDHURY, S/o Tulsi Roy Chowdhury.
- SMT. DEBI ROY CHOWDHURY, W/o Apurba Roy Chowdhury, Represented by her authorized person husband Apurba Roy Chowdhury, both of G/2, Govt. Housing Estate, M.M.Feeder Road, P.O. – Ariadaha, P.S. – Belghoria, District – North 24 Parganas, Kolkata – 700057 at present residing at Flat No. 3B, 3rd Floor, 170 Ramkrishna Pally, P.S. – Belghoria, P.O. – Ariadaha, District – North 24 Parganas, Kolkata – 700057.
= Vs = |
Opposite Party/s:- | - M/S GANAPATI CONSTRUCTION, a partnership firm having its office at 6, Aurobinda Pally, Nilgunge Road, P.O. & P.S. – Belghoria, District – North 24 Parganas, Kolkata – 700056. Represented by its partner or partners.
- SMT. TANUJA CHAKRABORTY, W/o Sri Subhankar Chakraborty of 51 B.T.Road, Mitra Para, P.O. & P.S. – Belghoria, District – North 24 Parganas, Kolkata – 700056.
- SRI HARIDAS SAHA, S/o Late Dulal Chandra Saha of 6, Aurobinda Pally, Nilgunge Road, P.O. & P.S. – Belghoria, District – North 24 Parganas, Kolkata – 700056.
- SRI SHANTI RANJAN KUNDU, S/o Late Priyanath Kundu of 19/1, Kumud Ghosal Road, Ariadaha, P.O. & P.S. – Belghoria, District – North 24 Parganas, Kolkata – 700057.
- SRI SHUBHENDU CHAKRABORTY
- SRI SUKHENDU CHAKRABORTY
Both sons of Late Sibendra Nath Chakraborty, both of 170, Shree Ramkrishna Pally, Ariadaha, P.O. & P.S. – Belghoria, District – North 24 Parganas, Kolkata – 700057. |
P R E S E N T :- Smt. Sukla Sengupta……………...President.
:- Smt. Monisha Shaw………………. Member.
:- Sri. Abhijit Basu …………………. Member.
JUDGMENT / FINAL ORDER
The Complainant filed this complaint U/s 35 of the Consumer Protection Act, 2019.
The brief facts of the case is as follows:-
Complainants are husband and wife intends to purchase a flat jointly from Opposite Parties Nos. 1, 2 and 3 are developers and 4, 5 and 6 are land owners. It is mentioned that O.P. Nos. 5 and 6 are legal heirs of Laxmi Rani Chakraborty, since deceased. The suit property is flat No. – 3B on the 3rd floor at Premises No. 170, Ramkrishna Pally, P.S. Belghoria, Kolkata – 700057, District – North 24 Parganas within the ambit of K.M.C. under Ward No. – 11 area of suit flat measuring about 670 sq.ft. (North-West-South facing) together with undivided proportionate land and common space, which is specifically mentioned in the schedule of complaint and which will be called as suit property herein under.
The O.P. got a sanction building plan for construction of multistoried building from Kamarhati Municipality. The Complainant paid Rs. 5,67,000/- for purchase the said flat and the agreement for sale deed was registered at A.R.A. – II, Kolkata on 26/05/2011 which was recorded as deed number 06616 for the year 2011. Thereafter, on several dates Complainant paid balance consideration amount and the O.P issued receipt. Complainants paid the total consideration many of Rs. 8,37,500/- and after payment of entire consideration amount
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C.C. No. 101/2022
Opposite Parties deliver possession of the flat in the month of against 2014 without issuing possession certificate. But the O.Ps did not register the deed of conveyance of said suit property inspite of several request and also not handed over completion certificate. Lastly on 26.03.2022 the O.P. No. 2 refused to execute the deed of conveyance regarding suit flat.
Compelling circumstances the Complainant filed this case. Notices were served upon the O.Ps. But O.P. Nos. 1, 3, 4 and 6 filed written version. But at the time of argument neither the Opposite Parties nor their advocate found present. Hence, the case heard ex-parte. In written version O.P. Nos. 5 and 6 admitted some of the paragraphs of complaint and also submits that O.P. Nos. 1, 2, and 3 violated the master plan without consent of O.P. Nos. 5 and 6. In W/V of O.P. No. 1 admitted the agreement for sale, admitted and confirmed the payment of entire consideration amount by the Complainant. O.P. No. 1 and 3 also submitted that O.P. No. 2 is not in a position to execute and register deed of conveyance. O.P. No. 4 submits in his W/V that O.P. No. 4 has no knowledge about transaction. Some of the paragraphs are admitted and rest are denied.
On the date fixed for argument neither the Opposite Parties nor their Advocate found present. Hence, the case heard ex-parte.
Following issued were framed for the purpose of decision:-
- Whether the complaint is maintainable or not?
- Whether the Complainant is entitled to get relief / reliefs in this case.
Reason for Judgment:-
Considering the facts and circumstances of the case as well as nature and character of this case all the points are interlinked to each other and as such all the points are taken up together.
In this matter Complainant paid full consideration amount to the Opposite Parties for purchase a flat i.e. said suit property. The Opposite Parties acknowledge the same. The Complainant is the consumer as per provision of Consumer Protection Act, 2019 as they paid money for purchase the said flat and the Opposite Parties are service provider. The Opposite Parties deliver the possession of the suit property but they did not execute and register the deed of conveyance and did not handed over the Completion Certificate (C.C.) and Possession Letter, therefore, the attitude of Opposite Parties would be treated as deficiency of service on the part Opposite Parties. The Complainant proved his case and entitled to get relief as this case is within pecuniary and territorial jurisdiction of this Commission.
Hence,
It is Ordered
That the case being no.C.C.-101/2022 be and the same is allowed on merit and heard ex-parte argument as the Opposite Parties were absent at the time of argument.
It is hereby directed the Opposite Parties jointly and severally to execute and register the deed of conveyance of said suit property and also directed to hand over the Possession Certificate and Completion Certificate to the Complainant within two (02) months from the date of this judgment.
Failing which the Complainant shall have right to file execution case as per law.
Let plain copy of this order be given to the parties free of cost as per the CPR, 2005.
Dictated & Corrected by
Member
Member Member President
