DIST. CONSUMER DISPUTES REDRESAL COMMISSION
NORTH 24 Pgs., BARASAT.
C.C. No. 312/2022
Date of Filing Date of Admission Date of Disposal
27.09.2022 13.10.2022 11.06.2024
Complainant/s:- | RUNU BASU ROY, W/o Late Ajit Kumar Basu Roy, residing at, 158, Ashokenagar, P.O. – Ashokenagar, P.S. – Ashokenagar, Dist:- North 24 Parganas, Pin – 743222. -Vs.- |
Opposite Party/s:- | - M/S. PARIJAT CONSTRUCTION, a partnership firm, having its registered office at 8/9/7, station road, Khardah, P.O. – khardah, P.S. – Khardah, Dist – North 24 Parganas, Kolkata – 700116.
- SRI SOUMEN BOSE, S/o Late Brojendra Narayan Bose residing at 4, Surya Sen Nagar, P.O. – Khardah, P.S. – Khardah, Dist – North 24 Parganas, Kolkata – 700117.
- SRI SUKUMAR ROY, S/o Sri Amrita lal Roy, residing at Arunachal, P.O. – Rahara, P.S. – Khardah, Dist:- North 24 Parganas, Kolkata – 700118.
- Satya Charan Nandi
- Shyamal Kumar Nandi
- Usha Rani Bishyee
- Uma Samsul
- Monimala Nandi
- Kaberi Dutta
- Soumen Nandi
- Runu Banerjee
- Jhunu Mukherjee
- Minati Mukherjee
- Prasanti Sil
- Sulata Nandi
- Sikha Nandi
- Subhabrata Nandi
- Goutam Adak
- Biswajit Adak
All 4 to 19 are residing at 101, B.T. Road, Kaibarta Para, P.O. – Khardah, P.S. – Khardah, Dist:- North 24 Parganas, Kolkata – 700117. - Smt. Suparna Bose, W/o Sri Soumen Bose, residing at 4, Surya Sen Nagar, P.O. – Khardah, P.S. – Khardah, Dist – North 24 Parganas, Kolkata – 700117.
- Smt. Namita Roy, W/o Sri Sukumar Roy, residing at Arunachal, P.O. – Rahara, P.S. – Khardah, Dist:- North 24 Parganas, Kolkata – 700118.
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P R E S E N T :- Sri. Daman Prosad Biswas……….President.
:- Sri. Abhijit Basu…………………. Member.
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C.C. No. 312/2022
JUDGMENT/FINAL ORDER
The complaint filed by the Complainant U/s 35 of the Consumer Protection Act, 2019.
The brief facts of the case is the Opposite Parties No. 1, 2 and 3 being the developers offered the Complainants in respect of sale of a residential flat as the developer’s allocated portion being no. 4D on the 4th floor, measuring about 780 sq.ft. (approx) super built up area consisting of 2 Bedrooms, 1 Kitchen, 1 Dining, 2 Toilets, 1 Balcony of the said Multistoried Building (G+4) lying situated at Mouza – Khardah, J.L. No. 2, Re, Sa. No. 18, Touzi No. 1505, R.S, Dag No. 1276, 1278 1276/1398, 1279, 1276/1397, 1277, R.S. Khatian No. 945, corresponding to Holding No, 101, Kaibartya Para, Ward No. 16, within the Jurisdiction of Titagarh Municipality, P.S. – Khardah, under A. D. S. R. office Barrackpore, Dist. 24 pgs (North), together with undivided proportionate share of land therein under the building as well as with other common Easement right and Common Rights over common areas and Common Facilities and Amenities attached to the said premises with a consideration price of Rs. 21,06,000/- (Rupees Twenty One Lakhs Six thousand) only.
An agreement for sale was made between the parties in 2014. The Complainant paid entire consideration amount of Rs. 21,06,000/- to the Opposite Parties and Opposite Party Nos. 1, 2 and 3 issued the receipts of said Rs. 21,06,000/-as full and final consideration money. Thereafter, Complainant paid an amount of Rs. 2,20,000/- on 14/02/2020 for the cost of registration of deed of conveyance in favour of the Complainant. But the Opposite Parties have failed to register the same.
It is mentioned that the Opposite Party Nos. 1, 2 and 3 handed over the possession of the flat and issued possession letter on 10/11/2017 but the Opposite Parties is not yet handed over the completion certificate and not yet register the deed of conveyance in favour of the Complainant. Complainant requested several times to O.P No. 1, 2 and 3 to complete the registration of the said residential flat and to provide him the completion certificate but in vain.
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C.C. No. 312/2022
Thereafter, Complainant sent legal notice on 01/08/2022 to the O.Ps but in vain. Compelling circumstances the Complainant filed this case before this Commission. This Commission sent notice to Opposite Parties. Opposite Party Nos. 1, 2 and 3 appeared and filed W/V and they stated that they are ready to execute the deed of conveyance in favour of the Complainant but due to non availability of the Aadhar Card and PAN card of the O.P No. 12, 13 and 14 they could not complete the registration work. It is also mentioned that O.P No. 4-21 did not appear before this Commission and the case is running ex-parte against the O.P No. 4-21. The case was fixed for argument and BNA on 17/05/2024. Ld. Advocate for Complainant was present and he files BNA. Neither O.Ps nor their advocate found present on repeated calls. Hence, the case heard ex-parte.
Issue framed for the purpose of decision
- Whether the case is maintainable or not?
- Whether the complainant is entitled to get relief or reliefs or not?
Reason with Decision
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 for the sake of brevity and convenience.
We have perused all the photocopy of documents along with supporting affidavit of Complainant and related documents and argument of Complainant.
The case is within territorial and pecuniary jurisdiction of this Commission. Hence, this Commission has ample power to try this case.
In the instant case Complainant paid the entire consideration money and the cost of registration fees to the Opposite Parties. It is mentioned that the Opposite Parties no. 1, 2 and 3 are acting on behalf of the landlords. O.P No. 4 and others are landowner. The Opposite Parties no. 1, 2 and 3 are developing the multistoried building upon the ‘A’ schedule property mentioned in the complaint. The O.Ps made agreement for sale for sale the said property which mentioned in ‘B’ schedule property of the complaint and stated above.
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C.C. No. 312/2022
As the agreement was made in between the Complainant and Opposite Parties, so all the O.Ps are liable to make registration the deed of conveyance and bound to hand over the Completion Certificate. Complainant paid the full consideration amount for purchase the said flat to the Opposite Parties as such Complainant is the consumer and the Opposite Parties are the service provider but the Opposite Parties are failed to provide their service which would be treated as deficiency of service on their part as per Consumer Protection Act.
We find that both the parties made deed of agreement for sale in the year 2014 for a residential flat being no. 4D on the 4th floor, measuring about 780 sq.ft. (approx) super built up area for a consideration amount of Rs. 21,06,000/-. The Complainant paid the entire consideration amount of Rs. 21,06,000/- on several dates and the O.Ps issued the receipts for receiving the same and the Complainant also paid Rs. 2,20,000/- for registration the deed of conveyance and the O.P No. 1 to 3 admitted the same. O.P No. 1 to 3 handed over the physical possession to the Complainant and also issued the possession letter to the Complainant. The Complainant completed his part in full but the Opposite Parties is not yet performed which is required to fulfill in their part. The Opposite Parties are liable to fulfill their part. The Opposite Parties are liable to register the deed of conveyance in favour of the Complainant and the Opposite Parties are liable to hand over the completion certificate in favour of the Complainant.
Complainant sent demand notice to the Opposite Parties on 01/08/2022. But the Opposite Parties did not give any positive response.
The Complainant proved his case as such he is entitled to get relief. The Opposite Parties did not provide their service which would be treated as deficiency in service in their part as per provision of Consumer Protection Act, 2019.
We are in view that the Complainant cannot deprive and the Complainant cannot wait for indefinite period for execute the deed of conveyance and hand over the completion certificate.
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C.C. No. 312/2022
Hence ,
It is ordered,
That the case being no. C.C./312/2022 be and the same is allowed on contest against the Opposite Party No. 1, 2 and 3 and ex-parte against the remain Opposite Parties.
It is hereby directed the Opposite Parties to execute and register the deed of conveyance in favour of the Complainant in respect of the suit property and / or case property and also directed the Opposite Parties to hand over the Completion Certificate in respect of the said flat to the Complainant within 45 days from the date of this order failing which the Complainant is at liberty to file execution case as per provision of law.
It is hereby directed the O.P No. 12, 13 and 14 and / or their agent to pay jointly or severely the compensation and litigation cost of Rs. 10,000/- (ten thousand) within 45 days failing which interest would be imposed @ Rs. 9% from the date of delivery of judgment till recovery.
Let a plain copy of this order be given to the parties free of cost as per CPR, 2005.
Dictated and Corrected by me
Member
Member President
