Dated : 09 Jun 2023

 HONBLE MR. SUDIP NIYOGI          PRESIDENT

FACTS

According to complainants, following their desire to have a residential accommodation, they entered into an agreement for purchasing one flat of about 780 sq. ft with 30% service area, in total 1014 sq. ft super-built-up area on the 3^rd floor, back side at premises No. 51, Baldiapara Road, Kolkata- 700006 at a consideration of Rs.31,43,400/-. Thereafter, on 09/10/2013 one Deed of Conveyance in respect of that flat was executed and registered. Subsequently, complainants purchased one car parking space measuring about 227 sq. ft on the ground floor of the said premises at a consideration of Rs3,00,000/- by a Deed of Conveyance dated 04/01/2017 and another 630 sq. ft flat super-built-up area on the ground floor of the said premises at a price of

Rs.15,50,000/- and the deed in respect of that flat was also registered on 26/07/2017. It is alleged that though opposite parties delivered possession of the flats on different dates to the complainants, who also obtained separate electric connection from the CESC Ltd. and also mutated their names before the KMC, did not issue any completion certificate to the complainants as alleged by them, despite repeated request to the opposite parties. One legal notice was issued to the opposite parties for providing a copy of the Completion Certificate within a period of one month but they received no response from the opposite parties. So, complainants filed this complaint praying for a direction upon the opposite parties to provide copy of the Completion Certification, compensation and cost of litigation etc.

            Opposite parties contested the case by filing a written version and also evidence. On the basis of the evidence of both the parties, they exchanged questionnaires and replies thereto and both parties also filed written argument.

            So, the point for consideration is whether complainants are entitled to the relief(s) as prayed for in this complaint.

FINDINGS

            In this case, the only contention of the complainants is that no completion certificate was issued by the opposite parties to them in respect of their flat. In support of their contentions, complainants submitted one copy of the Deed of Conveyance dated 09/10/2013 in respect of the scheduled flat, the area of which is 1014 sq. ft super-built-up area which is situated on the third floor, back side in the premises. In fact, opposite parties did not deny the contention of the complainants about the flats and car parking space which were purchased by the complainants from the opposite parties at the scheduled premises. However, the opposite parties admitted that there were some deviations from the original sanctioned plan and they applied to the concerned authority for regularization of the said deviations on payment of necessary fees and charges. In support of their contention, one letter which is an appeal for regularization of unauthorized portion and change of used portion at the ground floor of the said premises addressed to the Executive Engineer (Civil), KMC, Building Department, Borough- 2 dated 17/10/2019 was produced by the opposite parties which reveals that opposite party No. 2 applied for such regularization of payment of fees and charges thereof and according to the opposite parties, the said matter is still in process and as soon as they got it, they would provide the copy of the same to the complainants.

            Having gone through the contentions of both the parties and also on consideration of the materials on record, we are of the view that the opposite parties should be given a direction for getting Completion Certification in respect of the said building and provide a copy thereof to the complainants on receipt of the same from the KMC. Besides, complainants would be entitled to Rs.2000/- for cost of litigation.

Accordingly, it is

ORDERED

That the instant complaint be and the same is allowed on contest.

Opposite parties are directed to take necessary action for getting the Completion Certificate from the concerned authority and provide a copy thereof to the complainants within a fortnight on receipt of the same.

Opposite parties are also to pay Rs.2000/- (Rupees Two Thousand Only) to the complainants towards cost of litigation.

If the aforesaid order is not complied with, the complainant shall be at liberty to proceed in accordance with law.

Dictated and corrected by me.

              President