DIST. CONSUMER DISPUTES REDRESAL COMMISSION
NORTH 24 Pgs., BARASAT.
C.C. No.55/2020
Date of Filing: Date of Admission: Date of Disposal:
15.09.2020 23.09.2020 13.04.2023
Complainants:- | Smt. Gita Paul, W/o. Sri Tapas Paul, Adarswa Pally, J.R.R. Road,P.O. Nona Chandanpukur, P.S. Titagarh, Dist- North 24 Parganas, Kolkata-700122. = Vs |
Opposite Party/s:- | 1.Mis. Shree Shiva Construction, hading its principal place of business at 15(2/11) Muktapukur Road, P.O. Talpukur, P.s. Titagarh, Dist- North 24 Pgs. Represented by its partners:- 2.Sri Manik Sutradhar, S/o. Late Dinabandhu Sutradhar, Ruiya , P.O. and P.S. Khardah, Dist- North 24 Pgs, Pin-700119. 3.Sri Sunil Kumar Agarwal, S/o. Late Sohanlal Agarwal, Srikunja , 209, Ghosh Para Road, P.O. Bengal Enamel, Palta, P.s. Noapara, Dist- North 24 Pgs, Kolkata-700122. 4.Sri Hemanta Patel, S/o. Sri Prabhulal Patel, Bhattacharjee Para, Lalkuthi, P.O. Barrackpore, P.S. Titagarh, Dist- North 24 Pgs, Kolkata-700120. 5.Sri Kishore Halder, S/o. Late Hemendra Nath Halder, 2(4) J.R.R Road, P.O. Nona Chandanpukur, P.S. Titagarh, Dist- North 24 Parganas, Kolkata-700122. |
P R E S E N T :- Smt. Sukla Sengupta……………..President.
:- Smt. Monisha Shaw……………… Member.
:- Sri. Abhijit Basu…………………. Member.
JUDGMENT/FINAL ORDER
The case is filed by the complainant u/s 34 of the Consumer Protection Act, 1986 as amended upto date against the opposite parties.
The facts of the case is as follows:-
The complainant has agreed to purchase a shop room No.G/1 on the ground floor measuring about 200 Sq.ft @ Rs. 2,200/- as well as Rs. 10,000/- for marbel flooring for a consideration of Rs. 4,50,000/- for maintain her family as oly source of income. One agreement for sale were made between the parties on 28.01.2008. On the date of agreement complainant paid Rs. 15,000/- for purchase ‘B’ schedule property with conditions of specification mentioned in schedule ‘C’ of the said agreement. The entire property mentioned in ‘A’ schedule property of said agreement for sale. In the year 2009 complainant took possessin of the said shop by paying full consideration amount along with extra amount of Rs. 50,000/- for registration of shop and to that effect the O.P. No.1 issued money receipt of Rs. 5,00,000/- being SL. No. 89 dated 02.12.2009 but the O.Ps did not register the same. It is also alleged that the complainant paid Rs. 50,000/- cash without taking any money receipt in the year 2010 but the O.P developer did not feel any necessity to register the said shop.
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C.C. No.55/2020
The complainant also alleged that on 21.02.2020 when complainant lastly went to O.P. No.3 one of the developers regarding needful as regards registration of the ‘B’ schedule property at that time O.P developer refused to register the shop and on the contrary demanded more Rs. 1,00,000/-illegally and compelling circumstances complainant filed this case. The notices served upon O.P. Nos. 1 and 2 through paper publication and upon O.P Nos 3 to 5 through Indian Postal Service. The details are mentioned in order No. 8 and 9 dated 06.01.2022 and 07.04.22 respectively. Due to non appearance of O.P. numbers the case was heard exparte.
Schedule ‘A’ (Entire premises)
All that the land measuring an area 07 (Seven) Cottahs 04 (Four) Chittacks 16 (Sixteen) Sq.Ft. more or less along with a multi storied residential cum commercial building (G+4) known as MADHUMITA APARTMENT lying and situated at Mouza – Chandan Pukur, J. L. No. – 2, Re. Su No. 15, Touzi No. 108, comprised and contained in Dag No. 315 under Khatian No. 183 within the limit of Barrackpore Municipality Ward No. 2, Holding No. 49 (31) at J.R.R. Road P.S. – Titagarh, Additional District Sub-Registration office-Barrackpore, in the District of 24 Parganas (North)
On the North : House of Prosenjit Vadra.
On the South : House of Haradhan Das & P. K. Paul.
On the East : J.R.R. Road
On the West : House of Sushil Kumar Bain.
Schedule ‘B’ (Shop Room)
All that the undivided impartible proportionate share of land identified as shop vide No. G/1 located on the ground floor having measurement along with 25% service area i.e. total super built up area 200 sq.ft. be the same little more or less along with undivided proportionate share of land underneath the shop situated at H/No. 49 (31) at J.R.R. Road Ward No. 2 within the limit of Barrackpore Municipality, in the District of 24 Parganas (North).
Issues framed for the
1.Whether the case is maintainable or not?
2. Whether the complainant is entitled to get relief or reliefs as prayed or not?
Decision with reasons
Considering the facts and circumstances of the case as well as the complainant filed the complaint and documents and argument of the advocate for the complainant we took all points together for consideration.
The complainant and O.P members made an agreement for purchase a shop measuring area about 200 Sq.ft super built up area for a consideration money of Rs. 4,50,000/- at the ground floor of a multistoried building which mentioned in the above ‘A’ and ‘B’ schedule. The complainant purchased the said shop room as only root of source of income. Hence here the complainant is consumer and O.Ps are the service provider. Complainant did in his part but the O.Ps failed to do their part.
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C.C. No.55/2020
Hence there is deficiency of service on the part of the opposite parties. The O.Ps are liable to register the deed of conveyance in the name of the complainant as they received the entire consideration money and issue receipt for receiving consideration money.
According all issues are decided in favour of the complainant.
Hence,
it is ordered
that the case being No. 55/2020 be and the same is allowed exparte against the O.Ps.
It is hereby directed the O.P members to register the ‘B’ schedule property of agreement for sale dated 28.01.2008 between the parties and it is also directed the O.Ps to hand over the possession certificate as well as completion certificate to the complainant. O.Ps are also directed to adjust the cost of registration which they received from the complainant. It is also directed the O.P members to comply the direction of this commission within three months from the date of judgment. Failing which the complainant has liberty to file execution case as per 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 President
