DIST. CONSUMER DISPUTES REDRESAL FORUM
NORTH 24 Pgs., BARASAT.
C. C. CASE NO. 248/2015
Date of Filing: Date of Admission Date of Disposal:
29.04.2015 29.04.2015 11.09.2015
PETITIONER = Vs. = O.Ps.
Sanjay Bagaria 1. M/S Ram Construction
S/o. Late Ram Gopal Bagaria a proprietorship firm having its
of AC-12/A, Saha Bagan, office at 315/1, P.K. Guha Road
Rajarhat Road, Baguiati, P.S.-Dum Dum, Kolkata-700028
Kolkata-700059, Dist-North 24 Parganas.
Dist-North 24 Parganas. 2. Sri Sunil Kumar Saha
S/o. Late Nagendra Nath Saha
Residing at Madhyamgram,
No-2 Debigarh, Dist-24 Pgs(N)
P.O. & P.S.-Madhyamgram
Proprietor of
M/S R.S. Construction.
3. Sri Amaresh Chandra Bhattacharjee
4. Sri Samaresh Chandra Bhattacharjee
5. Sri Kumaresh Chandra Bhattacharjee
6. Sri Asish Chandra Bhattacharjee
7. Sri Hrishikesh Chandra Bhattacharjee
All Sons of Late
Naresh Chandra Bhattacharjee
8. Mrs. Paul Bhattacharjee
W/o. Late Debasish Bhattacharjee
9. Miss Paramita Bhattacharjee
D/o. Lt. Debasish Bhattacharjee
All residing at 463, P.K. Guha Road,
P.S.-Dum Dum, Kolkata-700028
Dist-North 24 Parganas.
Advocate Name for the complainant:- Dipankar Banerjee & Others.
Advocate Name for the OPs:-
P R E S E N T :- Smt. Bandana Roy ….….….President
:- Sri Rabideb Mukhopadhyay….…..Member
J U D G E M E N T
Facts of the case, in short, is that the OP No-3 to 9 then having acquainted with the developer OP No-1 & 2 entered into a Development Agreement on Dictated and corrected Contd. …. 2/-
C. C. Case No.-248/2015
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10.03.2005 for construction of a four storied building in or over the A schedule property.
Complainant stated that the OP No- 3 to 9 owners prior to the date of execution of the development agreement executed a registered general power of attorney in favour of the OP No-2 on 09.03.2005 in the office of the A.D.S.R.O. Cossipore Dum Dum.
Complainant also stated that according to the terms of the development agreement the developer OP No-1 and 2 was entitled to enter into agreement for sale of the flats/shop/garage of the developer’s allocation with the intending purchasers and accordingly invited offers in respect of the same.
Complainant further stated that the developer OP No-1 and 2 along with the owners OP No-3 to 9 have entered into an agreement for sale with the complainant on 01.06.2007 in respect of selling of a self contained flat being flat no-T2 in 3rd floor measuring 1000 sq. ft super built up area and one garage space in ground floor measuring 450 sq. ft in the North Eastern side along with the proportionate share of land and common facilities over the A schedule property at a total consideration of Rs 11, 50, 000/-.
Complainant stated that the complainant accordingly made payment of Rs 3, 85, 000/- by cheque on 01.06.2007. Thus the complainant till date have made total payment of Rs 3, 85, 000/- out of total consideration of Rs 11, 50, 000/- against the said B schedule flat.
Complainant also stated that it was categorically mentioned in clause 4 of the agreement for sale dated 01.06.2007 that the construction of the said flat of building shall be completed within 24 hours months by the end of May, 2009 and the developer will deliver possession to the purchaser by the said stipulated date with complete staircase along with the completion certificate.
Complainant further stated that the OP No-2 being the proprietor of the OP No-1 sanctioned a building plan from the Dum Dum Municipality in the name of the owner for the purpose of construction of four storied building in the schedule A property and started construction of the said multistoried building in the schedule A property out of his own fund but could not complete the construction of the said flat within stipulated period and as such the OP No-1 and 2 sought further time to make delivery of the said flat and garage as described in schedule B. Hence this complaint.
Dictated and corrected Contd. …. 3/-
C. C. Case No.-248/2015
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OPs did not turn up to contest the case.
Point for Decision:-
Whether the complainant is entitled to get any relief as prayed for?
Decision with Reasons
Complainant has submitted affidavit in chief in support of his contention in the complaint. Complainant submitted the documents in support of his claim. We have perused the documents. OPs did not turn up to controvert those documents. Hence we are no hesitation to hold that complainant is entitled to get relief as prayed for.
Hence
Ordered,
that the complaint be and the same is allowed exparte against the O.Ps.
The complainant is directed to pay balance consideration money to the O.P. Nos. 1 and 2 within one month from the date of this order on receipt of the balance consideration money, the O.P. Nos. 1 and 2 are directed to deliver the vacant possession of the flat and garage to the complainant and also directed to execute and register the deed of conveyance in favour of the complainant within one month in respect of the schedule ‘B’ garage and flat, in default the complainant is at liberty to deposit the balance consideration money in this Forum and get the deed of conveyance to execute and register through this Forum.
O.P. Nos. 1 and 2 are directed to pay compensation Rs. 1,00,000/- and litigation cost of Rs. 25,000/- to the complainant within one month from the date of this order, failing which O.Ps shall have to pay sum of Rs. 400/- per day from the date of this order till it realization, as punitive damages, which shall be deposited by the O.Ps in this State Consumer Welfare Fund.
Let copies of the order be supplied to the parties free of cost when applied for.
Member President
Dictated & Corrected by me.
