Filed on 1.9.2017

Judgment : Dt.27.2.2018

Mrs. Balaka Chatterjee, Member

            This petition of complaint is filed under section 12 of   C.P.Act, 1986 by Sri Samir Kumar Dey alleging deficiency in service on the part of the opposite parties namely (1) M/S Tarama Construction represented by SHIB SHANKAR GUHA and (2) Smt. Gita Bose.

            Case of the Complainant in brief is that the Complainant entered into a tripartite agreement on 9.3.2010 with Gita Bose/ land owner and M/s TARAma Construction represented by its proprietor Shri Shib Shankr Guha for purchasing a flat measuring about 800 sq.ft. on the 2^nd floor of the building situated at Mouza – Naktala, E.P.No.62, S.P.No.262/1 in C.S.Plot No.370(P), 373(P) 362(P), J.L.No.32, premises No.C-30 Ramgarh Colony, P.S.-Jadavpur, being Municipal premises No.87/12/111C Raja Subodh Chandra Mullick Road, Kolkata-700 047 at a consideration of Rs.7,25,000/- out of which the Complainant had paid Rs.5,50,000/- to the OP No.1 and the same was acknowledged by the OP No.1. The OP No.1 was empowered to do all acts on behalf of OP No.2 land owner. The Complainant specifically stated that in spite of receiving the advance amount of Rs,5,50,000/- and the OP failed to handover possession and execute registration of deed of conveyance in favour of the Complainant. The Complainant, further, stated that the Complainant preferred a complaint to the Consumers Affairs Department, but that too yielded no fruitful result. Hence this case.

            The Complainant by filing this Consumer Complaint prays for direction upon the OP to deliver possession of the scheduled flat and to execute registration of deed of conveyance of the said flat in favour of the Complainant, to pay Rs.10,00,000/- towards compensation for causing mental agony etc. and Rs.30,000/- for cost of litigation to handover completion certificate in respect of the building in question.

            The Complainant has annexed photocopy of the following documents to the petition of complaints-

1. A letter dt.9.3.2016 issued by CCGRC, Consumer Affairs Dept., Govt. of West Bengal to the Complainant.
2. Letter dt.11.1.2016 issued by CCGRC, Consumer Affairs Dept., Govt. of West Bengal to Shib Shankar Guha, OP No.1.
3. Complaint dt.23.11.2015 to the Secretary to the Consumer Affairs Dept by the Compalinant.
4. Letter dt.17.8.2015 from the Complainant to the OP No.1
5. Agreement dt. 5.9.3.2010 between Gita Bose, M/S Tarama Construction Ltd. and Sri Samir Kumar Dey.
6. Development agreement dt.28.10.2009 executed by and between Gita Bose and M/s Tarama Construction.
7. General Power of Attorney dt.29.10.2009 executed by the landowner in favour of the Developer.

Notices were served upon the OPs but they did not turn up. Hence, vide order being No.6 dt.13.12.2017 the case was proceeded ex-parte against the OP.

              The Complainant adduced evidence on affidavit.

Decision with reasons

           The Complainant claimed to have entered into an agreement dt.9.3.2010 in respect of transfer of a flat on 2^nd floor, South-east facing of the building at premises No.C-30 Ramgarh Colony, P.S.-Jadavpur being Municipal premises No.87/12/111C Raja Subodh Chandra Mullick Road, Kolkata-700 047, together with all undividable proportionate right title, interest attached thereto at a consideration of Rs.7,25,000/-. Copy of agreement dt.9.3.2010 supports  such averment of the Complainant. The Complainant claimed to have paid Rs.5,50,000/- towards part consideration. The acknowledgement made by the OP developer for receiving Rs.5,50,000/- from the Complainant at page No.23 of the agreement dt.9.3.2010 support such averment made by the Complainant. The unchallenged evidence proofs that the flat in question neither was delivered to the Complainant nor was executed and registered in favour of the Complainant. It is an example of deficiency in service on the part of the OPs for which the Complainant shall be compensated aptly. We think it  will be just and proper if the Complainant get Rs.50,000/- as to compensation. The OPs compelled the Complainant to file the instant case so he is liable to pay Rs.10,000/- towards litigation cost.

               In the result, the Consumer Complaint succeeds.

Hence,

ordered

           that CC/512/2017 is allowed ex-parte in part with cost.

        OPs are directed to execute registration of deed of conveyance and to handover physical possession of the flat in question after receiving balance consideration amount of Rs.1,75,000/- from the Complainant within two months from the date of communication of this order.

          Further OP No.1 is directed to pay Rs.50,000/- towards compensation and Rs.10,000/- towards litigation cost within aforesaid period, failing which the Registration of deed of conveyance will be executed through the machinery of this Forum after filing execution application by the DHr in that situation the balance consideration amount will be deposited with SCWF.