Judgment : Dt.20.2.2017
This is a complaint made by one Sri Prabir Kumar Mukhopadhyay, son of late Sachindra Nath Mukherjee and Smt. Sunanda Mukherjee, wife of Sri Prabir Kumar Mukhopadhyay both of 17C, Sadananda Road, P.O. & P.S.- Kalighat, Kolkata-700 026 against M/S Saha & Sons, a proprietorship firm, being represented by Sri Prabhat Saha, son of Sri Ghanashyam Saha of 52/1A, Maharani Indira Devi Road, P.O. & P.S.- Parnasree, Kolkata-700 060, praying for delivery of possession letter in respect of a flat for which they have entered into an agreement for sale and a car parking space to be used along with the flat as ready and accessible, for payment of interest for the delay to deliver possession of the said flat and the car parking space @ 15% on total consideration of Rs.81,20,000/- for the delayed period as stipulated in page 12 of agreement for sale and for payment of compensation of Rs.3,00,000/-, penal damage Rs.1,000/- per day and litigation cost to the tune of Rs.50,000/-.
Facts in brief are that OP entered into agreement for sale on 22.4.2014 in respect of flat measuring more or less 1100 sq.ft. super built up area on the 2nd floor along with one covered demarcated car parking space more or less 100 sq.ft. on the ground floor of G+3 storied building being premises No.49A, Kali Temple Road. The price for the suit property was fixed at Rs.81,20,000/-. In terms of the agreement for sale, Complainant paid Rs.25,00,000/- on the date of agreement for sale on 22.4.2014.
The delivery of possession was due on 22.10.2015. In the first week of March, 2016, deed of conveyance of the suit property was made in favour of the Complainant. Since then Complainant pursued for completion of incomplete work and for completion certificate. But, the OP did not obliged Complainant by handing over the completion certificate. So, the Complainants filed this case.
The OP filed written version wherein all the allegations have been denied. Further, it is stated that possession was delayed and the registration was made by suppressing the actual consideration amount. Further, OP has submitted that Complainant should be directed to pay Rs.75,000/- to the OP. So, OP has prayed for dismissal of the 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. Similarly, OP has filed affidavit-in-chief to which Complainant has filed questionnaire and OP has replied.
Main point for determination is whether Complainant is entitled to the reliefs as prayed for.
On the outset, it appears that value of the flat mentioned in the complaint is Rs.81,20,000/- that means this value is beyond the jurisdiction of this Forum. For the sake of argument, if it is accepted that the refund of this amount has not been sought and only interest of this amount has been sought. It cannot be denied that once this amount is taken into account the Forum loses its jurisdiction. Further, Complainant has prayed for delivery of possessions letter since the car parking space to be used along with the building is ready and accessible.
On perusal of the record, it appears that in March, 2016 the registered deed of conveyance was made wherein Complainant was handed over the possession of the building and car parking space and Complainant accepted it. So, question of further handing over of possession letter in respect of car parking space does not arise.
2nd prayer of the Complainant is for payment of interest for making delay in delivering possession of the flat @15% on the consideration amount which is Rs.81,20,000/-. It has already been stated that the value is beyond the jurisdiction of this Forum and so the order in this respect also cannot be made.
Accordingly, the order for payment of compensation and penal damages @ Rs.1,000/- per day and litigation cost cannot be awarded as because this Forum does not have jurisdiction.
Hence,
Ordered
CC/371/2016 and the same is considered and dismissed on contest.
