DIST. CONSUMER DISPUTES REDRESAL COMMISSION
NORTH 24 Pgs., BARASAT.
C.C. No.355/2018
Date of Filing: Date of Admission: Date of Disposal:
05.09.2018 19.09.2018 08.05.2023
Complainant/s:- | Smt. Sangita Chattopadhyay, W/o Sri Sandip Chattopadhyay, residing permanently at Ma Tara Apartment, 4th Floor, 65 Dum Dum Park, Police Station – Lake Town, P.O. – Bangur, Kolkata – 700055. = Vs |
Opposite Party/s: | M/S. Sarada Construction, a partnership firm, represented through its partners namely i) Sri Utpal Maity, S/o Late G.B. Maity, ii) Sri Subha Basak, S/o Sri J.N. Basak having its registered office at 638, Dum Dum Park, Police Station, Lake Town, Kolkata – 700 055. |
P R E S E N T :- Smt. Monisha Shaw …………………. Member.
:- Sri. Abhijit Basu …………………. Member.
JUDGMENT/FINAL ORDER
This complaint is filed by the Complainant U/s 12 of the Consumer Protection Act, 1986 (as amended up to date) alleging deficiency in service as well as unfair trade practice against the OPs as the OPs did not take any step to redress his grievance till filing of this complaint.
The Complainant stated that Ram Charitar Shaw was the owner of the plot of land measuring about 1 bigha 1 cottah 15 chhitaks 40 sq.ft. more or less at 187, Shyamnagar Road, Police Station - Dum Dum, Kolkata – 700055 by virtue of a register deed of sale dated 15/10/1952 being no. 5514 for the year 1952 for a consideration mentioned therein. At this stage the demise of the said Ram Charitar Shaw, his legal heirs jointly executed a development agreement on 30/06/2000 in favour of the Opposite Party firm for the purpose of developing a multi storied building on 20 Cottah 40 sq.ft. land more or less out of the entire plot of land and on the subsequent event, a power of attoney dated 30/06/2000 has been executed in favour of the partners of the Opposite Party firm namely Shri Utpal Maity and Sova Basak.
The Complainant further stated that on the basis of the said development agreement and power of attorney, upon obtaining the sanctioned plan from the south dum dum municipality, the Opposite Party has constructed a G + 4 storied partly commercial partly residential building. After getting the proposal of selling out the flats or car parking spaces by the Opposite Party on the basis of developer’s allocation in the said project. The Complainant on that basis on 16/03/2003 an agreement for sale between the Complainant and the Opposite party firm through its partner was executed in respect of a car parking space measuring about 125 sq.ft. more or less being garage no. 3 on the ground floor, block B, western side of the said entire newly constructed building at the agreed consideration amount of Rs. 94,500/- only together with additional Rs. 5,000/- only for the self electric meter with a commitment to hand over and register the car parking space within a period of 18 months from the date of execution of this agreement.
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On the mutual consent of both the parties instead of the said car parking space, a car parking space being garage no. 2 measuring about 216 sq.ft. more or less at the ground floor, block B, northern corner of the newly constructed building as aforesaid in 187, Shyamnagar Road (Gouri nath sashtri sarani), Holding No. 181 (old), 351 (new), P.S. –Dum Dum, Kolkata – 700 055 was agreed to be purchased and the consideration amount has been enhanced from 94,500/- to 1,35,000/- including Rs. 5,000/- for the said electric meter commitment to give possession within 06 months from the date of booking and the same was cordially accepted by the Complainant.
The Complainant further stated that on 26/01/2003 the Complainant paid a sum of Rs. 20,000/- by cash to the Opposite Party firm as booking amount and the Complainant admits agreed to pay the rest amount by three installments. On the basis of submission on 16/03/2003 the Complainant paid a sum of Rs. 20,500/- and Rs. 34,500/- by cash and vide a cheque being no. 205687 dated 16/03/2003 of Rs. 45,000 i.e. total Rs. 1,00,000/- and subsequently on 19/10/2004 the Complainant paid a sum of Rs. 20,000/- by cash and lastly on 12/06/2005 the Complainant completed the entire agreed consideration of Rs. 1,40,000/- for the said car parking space.
The Complainant also stated that she couldn’t complete the process of registration because of final stringencies at that time and asked to the Opposite Party firm to give some time to complete the registration procedure subsequently inspite of repeated request by the Complainant the Opposite Party negligent and careless about cooperation for completion of the registration process. The Complainant also stated that on 14/05/2018 and 29/05/2018 the Complainant requested to the Opposite Party to extend hands of cooperation for completion of registration.
Having no other alternative, the Complainant lodged this case on 05/09/2018. It is evident from the record that service is made upon the O.Ps through paper publication. But no W/V has yet been filed by the O.Ps and the case do run exparte against the O.Ps from the date of 03.01.2023.
SCHEDULE
All the piece and parcel of Garage No. 2 measuring about 216 sq.ft. more or less on the Ground Floor, Block – B, North Corner of the building lying & situate at Premises No. 187, Shyamnagar Road (Gouri Nath Sastri Sarani), Municipal Holding No. 181 (old) 351 (new), P.S. Dum Dum, Kolkata : 700 055, Ward No. 27 within the limits of South Dum Dum Municipality, butted and bounded as follows:
In The North:- By Road
In The South:- By boundary of said plot
In The East:- By land & building of Smt. Ava Das & others
In The West:- By land & building of Deep Jyoti Apartment & others.
Prayer of the Complainants:-
- To direct the Opposite Party for providing necessary assistance for completion of the registration process.
- To direct the Opposite Party to pay compensation of Rs. 2,00,000/- towards gross deficiency and unfair trade practice.
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- To direct the Opposite Party to pay Rs. 2,00,000/- as compensation towards mental and physical harassment.
- To direct the Opposite Party to pay Rs. 80,000/- towards litigation cost.
- To direct the Opposite Party to pay Rs. 20,000/- per date as Air Travel cost.
- Any other order / orders as your petitioner may deem fit and proper.
Following issued were framed for the purpose of decision:-
- Whether the complaint is maintainable or not?
- Whether the Complainant is entitled to get relief / reliefs in this case.
Decision with reasons:-
Considering the facts and circumstances as well as nature and character of this case all the points are interlinked to each other and as such all the points are taken up together for consideration for the sake of brevity and convenience.
On perusal of the materials along with the supporting affidavit related to documents available in the case record as well as hearing of argument by the Ld. Advocate for the Complainant.
It is revealed that the Complainant paid agreed consideration money of Rs. 1,40,000/- (i.e. on 26/01/2003 the Complainant paid a sum of Rs. 20,000/-, on 16/03/2003 paid a sum of Rs. 20,500 and Rs. 34,500/- by cash and another payment of Rs. 45,000/- on 16/03/2003 by cheque being no. 205687, on 19/10/2004 the Complainant paid Rs. 20,000/- by cash and lastly on 12/06/2005 the Complainant paid totaling Rs. 1,40,000/-) to the Opposite Party firm with commitment to hand over and register the car parking space within a period of 18 months from the date of execution of the agreement. so the Complainant becomes a consumer as per Consumer Protection Act, 1986.
The Complainant resides at Ma Tara Apartment, 4th Floor, 65 Dum Dum Park, Police Station – Lake Town, P.O. – Bangur, Kolkata – 700055 and the claimed amount does not exceed the pecuniary limit of this Commission. Therefore, this Commission has ample power to try this case.
We have perused the complaint as well as Examination-in-Chief on affidavit filed by the Complainant. We have perused the copy of the bank statement which was provided by the O.P with the supporting affidavit and other documents filed by the Complainant. Since the O.Ps received the consideration amount of Rs. 1,40,000/- from the Complainant and also the O.Ps are the service provider to the Complainant and there is deficiency in service on part of the O.Ps.
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The discussed points bear positive results. As such we are of the view that the Complainant is entitled to receive his deposited amount with interest and he is also entitled to get other relief/reliefs and that will be reflected in the ordering portion.
Thus all the points are disposed of accordingly.
Fees not required.
Hence,
It is ordered,
That the case being no. C.C. 355/2018 be and the same is allowed ex-parte against the O.Ps with cost of Rs.5,000/-.
The O.Ps are directed to register the said car parking space with completion within 03 (three) months from the date of judgment, failing which the Complainant is at liberty to take steps according to law.
Let plain copy of this order be given to the parties free of cost as per CPR, 2005.
Dictated & Corrected by me
Member
Member Member
