Sri Partha Kumar Basu, Member:-
This complaint petition is filed u/s 35 of the Consumer Protection Act’ 2019 at the instance of the Complainants against the Opposite parties no 1 to 9 for alleged deficiency of services on the part of the Opposite parties in a consumer dispute of housing construction.
The facts of the complaint case as averred in a capsulated form is that OP1 is a partnership firm namely M/S Sapnopuron Udyog situate with office at Subuddhpur, Arup Bhadra Sarani, PS : Baruipur, Kolkata 700144 represented by OP2 to OP 9 partners of the company. The Opposite parties constructed a housing complex comprising flat units at holding no. 449, 449A,449B/1, 449C, 449D and 453B Damodar Mukherjee Road, ward no 2, PO & PS Baruipur in the district of South 24 Parganas. The complainant husband and wife, Sri Srikanta Adhikary and Smt. Ruma Adhikary both of 23 Seal Lane, PS Tangra, Kolkata 700015 purchased a residential flat on 3rd floor Block B with 588 Sq. Ft. Super built up area at 2 Damodar Mukherjee Road, Ward no 2, PO & PS Baruipur, South 24 Parganas and got it registered through deed of conveyance executed on 04.03.2021 by making a total payment of consideration money of Rs 15,28,800/- to OPs.
After getting possession the complaints started living at the suit premises but did not receive the completion certificate inspite of repeated reminders to the OPs since 2021. Further, the case of the complainant is that inspite of serving reminders and legal notice on 08.10.2021 the OPs did not supply the CC till filing this complaint. All such requests and persuasions of the complainants went in vein. Hence, the complainants approaches this Commission with a prayer for direction on the OPs to provide them the Completion Certificate, possession certificate alongwith a compensation of Rs. 5,00,000/- for mental agony & harassment and a cost of Rs, 50,000/- .
Complainants file exhibits such as deed of conveyance and legal notice in support of their claims.
The case has been running ex-parte against OP1 to OP3. The balance OP no OP4 to OP 9 are contesting by filing written version. In their W/V the contesting OPs mentioned that the completion certificate has not been supplied to the complainants due to the project being under construction which unless completed can not be issued by the municipal authorities.
The submission made by the Ld. Advocate of both sides were considered and the materials on record were scrutinised. The contents of the petition of complaint supported by affidavit and the documents annexed therewith were treated as evidence. The OP4 to OP9 filed written version, availed the opportunity to participate in the adjudication process and adduced evidences. On perusal of the petition of complaint and the evidence on record, it transpires that the OPs were going to construct a housing facility comprising flat units. It also transpires from records and evidences on affidavits and annexures exhibited by complainants with the complaint petition that the complainant and the Opposite parties entered into a sale Agreement followed by registration of deed of conveyance for one flat having super built up area of 588 sq. ft. more or less It is also the admitted position of the OPs that they failed to provide the completion certificate to complainants. It is not in dispute that the OPs have received the full consideration amount and delivered the possession of the said flat to the complainants but though deed of conveyance dated 04.03.2021 was executed on 04.03.2021 and physical possession was given but the CC was not provided to the complainants.
As per extant Municipal Rules and Acts in the State, the Builder ought to provide the Completion Certificate even when the possession is taken by the owners. Thus, a valid Completion Certificate is a mandatory requirement before giving an 'Offer of Possession' to the Homebuyers/Allottees. In this case the CC has not been provided even after a lapse of nearly 3 years. .
From the facts and circumstances and materials on record, more particularly, relying upon the evidence on record, it is palpably clear that the OPs could not keep their promise and as such, they are deficient in rendering services towards a consumer.
In view of the above, the complainants are entitled to get relief as prayed for.
In view of the above we are inclined to hold that the complainants are entitled to get the completion certificate in respect of the suit property along with appropriate compensation for the mental agony and harassment suffered by them on account of the failure of the OPs to deliver CC of the flat sold to them. We hold that there is deficiency in service on the part of the Opposite parties. In resultant, the Complaint case succeeds.
Hence, it is
Ordered
That the complaint case no. CC/217/2022 be and the same is allowed on contest against OP 4 to OP9 and ex-parte against OP1 to OP3 with cost of Rs. 10,000/-.
The OPs are hereby directed, jointly and/or severally, to provide the completion certificate in respect of suit property / building within Sixty days from this order.
The OPs are also liable, jointly and/or severally, and are directed to pay a compensation of Rs. 25,000/- (Rupees Twenty Five Thousand) only to the complainants for deficiency in services, mental pain and agony suffered by the complainants.
All the aforesaid compliances and payments in terms of this order will be made by the OPs to the complainants within Sixty days from this day I/D a simple interest @ 9% per annum will get accrued till the date of actual compliance.
That the O.P. is liable and is also directed to pay litigation cost of Rs. 25,000/- (Rupees twenty five thousand) only within 45 days from the date of passing this order.
If the Opposite party fails to comply with the above said direction within the period mentioned above, then the complainant is at liberty to put the entire order into execution as per due course of law.
Let a plain copy of this Order be provided to both the parties free of cost as per CPR.
That the final order will be available in the following website www.confonet.nic.in.
Dictated and corrected by me.
Member
