This is a complaint made by one Sri Kalyan Pandey, son of Late Haralal Pandey of 52/1, Jadavpur Central Road, Ground floor, P.S.-Jadavpur, Kolkata-700 032 against M/s Mriganayani Cosmetics Pvt. Ltd., having its office at Municipal Premises No.78A, Raja Basanta Roy Road, P.S.-Tollygunge, Kolkata-700 029, represented by its Developer Sri Rajesh Kumar Jhajharia, 78A, Raja Basanta Roy Road, P.S.- Tollygunge, Kolkata-700 029, praying for (a) direction and order upon the OP to give actual possession of the open car parking space measuring about 100 sq.ft. in the north-east portion of the Ground floor at 134, Prince Golam Hossain Shah Road, P.S.- Jadavpur, Kolkata-700 032, (b) an order directing to pay Rs.5,12,063/-, Rs.1,75,000/- paid to the developer, Rs.14,420/- for the stamp duty and fees Rs.2,643/-, Rs.10,000/- for lawyer’s charge and also (c) Rs.3,00,000/- as compensation and Rs.10,000/- as litigation cost.
Facts in brief are that Complainant purchased from Smt. Gargi Sinha, wife of Lte Chandrama Sinha, Smt. Meena Mishra wife of Sri Raghubir Mishra and daughter of Late Chandrama Sinha, Smt. Janaki Singh (Sinha) wife of Late Ram Ayodhya Sinha, Sri Sanjay Sinha, Sri Sanjib Kr. Singh (Sinha) Sri Rajib Kr. Singh (Sinha) all sons of Late Ram Ayodhya Sinha, Smt. Gayatri Sinha wife of Late Chandrika Sinha of 134 Golam Hossain Shah Road, P.S.-Jadavpur, Kolkata-700 032, landowners of land measuring about 5 cottahs more or less at premises No.134, Prince Golam Hossain Shah Road, P.S.-Jadavpur, Kolkata-700 032, represented by their constituted attorney Sri Rajesh Kumar Jhajharia and M/s Mriganayani Cosmetics Pvt. Ltd., an open car parking space in the north-east portion of the ground floor measuring about 100 sq.ft. by registered deed for sale on 11.12.2013. It was decided between the parties that the OP will make arrangement for mutation but the OP did not take any step for mutation. OP did not deliver actual physical possession of the car parking space. Complainant made complaint to the Officer-in-charge, Jadavpur P.S.
Complainant on 9.10.2015 and 23.12.2015 made complaint to the Joint Secretary, Consumer Affairs Department, where settlement took place. But, OP did not pay any heed to that. Thereafter, Complainant sent a letter to the OP for complying the settlement and for handing over the possession. But of no use. So, Complainant filed this case.
OP filed written objection and denied all the material allegations of the complaint. Further, OP has alleged that this complaint is not maintainable for non-joinder of parties since they have not been made parties to this complaint. OP has also stated that Complainant after perusing all papers and documents purchased car parking and the possession was handed over to him. Deed of conveyance was executed on 11.12.2013 and its possession was handed over.
Further, OP has alleged that Complainant filed this case before this Forum after a lapse of more than two years. In such circumstances, OP has prayed for dismissal of this complaint.
Decision with reasons
Complainant filed affidavit-in-chief wherein he has reiterated the facts mentioned in the complaint petition. Against this, OP has filed questionnaire to which Complainant has filed affidavit-in-reply. OP has also filed evidence in chief against which Complainant has filed reply and thereafter, OP has filed affidavit-in-reply.
Main point for determination is whether Complainant is entitled to the prayers which he has made in the complaint petition.
On perusal of the prayer portion of the petition, it appears that Complainant has prayed for a direction and order upon the OP to give actual possession of the open car parking space, measuring about 100 sq.ft. On perusal of the copy of the documents which is addressed to the Complainant dt.11.12.2013 by the OP that Complainant received the possession of the open car parking space and he acknowledged it. So, the question of further handing over possession does not arise. Accordingly, this relief cannot be granted.
2nd prayer of Complainant is prayer for an order directing to pay Rs.5,12,063/-, Rs.1,75,000/- which Complainant paid to the developer, Rs.14,420/- for stamp duty, fees Rs.2,643/- and Rs.10,000/- for lawyer’s charges. In this regard, on perusal of the sale deed, it appears that the deed was executed on 10.12.2013 and memo of consideration as appearing in deed is Rs.1,75,000/-. There does not appear any explanation as to how Complainant arrived to that amount which is Rs.5,12,063/-.
Furthermore, when the deed was registered on 11.12.2013 and possession was handed over why Complainant preferred to come to this Forum beyond the statutory period which is fixed as two years. Furthermore, Ld. Advocate for OPs rightly submitted that as per the complaint petition, it appears that Complainant purchased from Gargi Sinha, Smt. Meena Mishra wife of Raghubir Mishra who are land owners of land measuring about 5 cottahs and thereafter Complainant entered into agreement with the OPs for purchase of this plot.
Ld. Advocate for Complainant submitted before this Forum that the agreement was that the car parking space would be given in the ground floor. But the car parking space which has been handed over to her is a car parking space which is open to sky car parking space. On perusal of the registered sale deed, it appears that in the 2nd schedule, it is mentioned that open car parking space was sold. Even if it is accepted that it is an open car parking. If the contention of the Ld. Advocate for Complainant is taken into account the car parking in ground floor would always be a covered car parking and not open.
In the aforesaid facts and circumstances, we do not find any merit in the complaint.
Further, Complainant has sought for cost of Rs.3,00,000/- as compensation and litigation cost of Rs.10,000/-.
In our view, since main relief is not allowed and it appears that Complainant failed to prove the allegations the compensation and litigation cost cannot be allowed.
In the aforesaid facts and circumstances, we find that Complainant is not entitled to any relief.
Hence,
ordered
CC/225/2016 and the same is dismissed on contest.
