DIST. CONSUMER DISPUTES REDRESSAL FORUM
NORTH 24 Pgs., BARASAT.
C. C. NO- 543/2017
Date of Filing: Date of Admission Date of Disposal:
24.10.2017 01.11.2017 06.02.2019
Complainant :- 1. SRI SNEHANAKUR CHAKRABORTY
S/ O. Sri Dhiman Chakraborty,
2. SMT ARATI CHAKRABORTY
Wife of Sri Dhiman Chakraborty
Both by Occupation – Service and Housewife respectively, residing at : G-2/11, Labony Estate, Sector-01, Bidhannagar, Saltlake, P.O. – Labony Estate, P.S.-North Bidhannagar, Kolkata-700064.
…Complainant/Purchaser
=Vs=
Opposite Parties:- 1. M/S. TARA MAA CONSTRUCTION
A Registered Partnership Firm,
having its registered office at P-156,
C.I.T. Road, Police Station- Beliaghata,
Kolkata -700010
being represented by its Partners,
- SRI SUBHENDU SAHA,
Son ofSri Sukhendu Saha,
By occupation-Business, residing at
p-156, C.I.T. Road, Police Station-
Beliaghata, Kolkata – 700010 and
- SRI SUVENDU ROY,
Son of Late Dinesh Chandra Roy,
By occupation –Business residing at 45, Amherst Street, Police station- Amherst Street, Kolkata-700009.
2. SRI PRASHANTA KUMAR BHOWMIK
Son of late Jagadish Chandra Bhowmick,
By Occupation – Service,
residing at: Flat No.5A, 806,
“Springleaf”, Lokhandawala
Township, Akurli Road, Kandivali East
Mumbai- 400101.
3. SMT. SHANTA BAKSI,
Wife of Pradip Baksi and Daughter of
Late Jagadish Chandra Bhowmick,
by Occupation –Housewife, residing at:
324,C.I.T. Road, Scheme VIM, P.O. Kankurgachi, PhulBagan, Kolkata-700054.
4. SMT. RUPA GHOSH RAY,
Wife of Dr. Sudipta Ghosh Ray and daughter of Late Jagadish Chandra Bhowmick, by occupation-Housewife, residing at Flat No. 23/4B, Diamond City North, 68, Jessore Road, Kolkata- 700055.
5. SMT SHARMILA BHOWMIK,
Wife of late Jayanta Kumar Bhowmick, by occupation – Housewife, Residing at : A/308, Road no. 6, H.B.Town, P.O. Sodepur, P.S. Khardah, Dist. North 24 Parganas, Kolkata- 700110 Presently Residing at 60/26, Haripada Dutta Lane, Flat no. 2B, 2nd floor, “Neerer Swapno Apartment”, P.O. Indrani Park, P.S. Tollygunz, Dist -24 Parganas (South) , Kolkata-700033,
6. MISS TINA BHOWMIK,
Daughter of late Jayanta Kumar Bhowmick, by Occupation- Student, Residing at: A/ 308,Road No. 6,H.B.Town, P.O. Sodepur, P.S. Khardah, Dist. North 24 Parganas, Kolkata – 700110 Presently Residing at: 60/26,Haripada Dutta Lane, Flat no. 2B,2nd floor, “Neerer Swapno Apartment”, P.O. Indrani Park, P.S. Tollygunz, Dist- 24 Parganas (South) , Kolkata- 700033.
P R E S E N T
:- Sri. Bankim Chandra Chattopadhyay………..…..President.
:- Smt. SilpiMajumder ……………………………………Member.
:- Smt. Monisha Shaw …………………………………….Member.
Judgment
This complaint is filed by the Complainants u/S 12 of the Consumer Protection Act, 1986 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 brief fact of the case of the Complainants are the intending purchaser of a flat/ residential unit identified by Flat No. “4A”, measuring more or less 847 Sq.ft super built up area, located at the 4th floor, South-East Facing, consisting of 2(Two) Bed Room, 1(One) Drawing with open kitchen, 1(One) Toilet, 1(One) W.C.,1(one) Balcony, of the Premises which is popularly known as ‘SANCHITA’ (G+4) situate and lying at Ward No. 31,bearing Holding No. 66,Premises at A/308, Road No. 6,H.B. Town sodepur, under P.S. Kharder, Dist. North 24 parganas lying and situate Mouza – Sodepur , J.L. No. 8, Re.Su. No. 45, Touzi No.178 Comprised and contained in C.S. & R.S Dag No.876, P.S. Khardah , A.D.S.R.O. Barrackpore. Dist North 24 Pgs. which is morefully described in the schedule.
Subsequently the Complainants approached the opposite party No. 1 and its partners and it was settled that the price for the said flat would be Rs.18,00,000 only.
The Complainants stated that the Developer/Opposite Party No.1 insisted the Complainants to pay advance money for booking of the said flat and thereafter and Agreement for sale was also registered by and between the parties on 18.01.2017 in the office of A.D.S.R. Sodepur, Dist. North 24 Parganas, being no. 00218 for the year 2017 and at the time Registration of the said Agreemment for the sale the complainants paid a sum of Rs.14,70,000/- to the O.P. No.1 (out of which the complainants paid Rs.12,00,000/-) by obtaining loan from L.I.C.I. Housing Finance Ltd. The rest was to be paid in part as had been laid down in the Agreement and be it mentioned here within 4 months from the date of execution of the said Agreement the flat is to be delivered in habitable and tenantable condition towards the complainants and as per the said terms the complainants again paid a sum of Rs.1,70,000/- by cash on 25.03.2017 and further paid a sum of Rs.1,59,999/- by an a/c payee cheque being no.363123 of S.B.I. towards the Developer / O.P. No.1 on 25.06.2017. It be mentioned here that the O.P. No.1 signed the memo of consideration and acknowledged the said amount, thus the complainants paid a total sum of Rs.18,00,000/- for the said residential unit towards the O.P. No.1.
Thus a total sum of Rs.18,00,000/- had already been received by the O.P. No.1 . O.P. No. 1 also proposed to take possession of the incomplete flat in the February 2017. without any possession letter.The Complainants was a tenant during his purchase period of the subject flat and his landlord was not agreed to extend the tenancy period finding no other alternatives the Complainants believing the assurance of the O.P. No. 1 with the proposal of O.P. No. 1 and took possession of the incomplete flat in the month of June 2017 with possession letter and on the same day as per the terms and norms of L.I.C.I. Housing Finance Ltd. The O.P. No. 1 Registered the Deed of Conveyance in favour of the Complainant on 14.06.2017, in the office of A.D.S.R. Sodepur, Dist. North 24 Parganas, being no.03009, for the year 2017 with the assurance as enumerated in the possession letter dated 14.06.2017 that the O.P. No. 1 will complete the unfinished work of the flat and incomplete works of the covated building within a short period.
As per the Development Agreement dated 31.05.2011 the Developer had yet not completed the construction of pump room, caretaker room, generator room on the ground floor, electricity connection of Mother Meter, inverter for common area, Lift, boundary wall, main gate, common passage, outside repairing and roof repairing, outside painting alongwith M.S. Grill and the developer yet not obtained the revised sanctioned plan from the municipality and completion certificate. The O.P. No. 1had not yet been deposited the quotation money for mother meter of W.B.S.E.D.C.L.
The prayer of the Complainants are:-
The O.P.Nos.1,1(a),1(b) be directed to discharge it’s contractual obligations towards the complainants by delivering the possession letter and completion certificate and complete the unfinished work of the scheduled flat and execute a proper Deed of Conveyance in favour of the complainants after completion of flat as well as the common facilities and amenities of the multistoried building as had been specified in the Agreement For Sale dated 11.03.2015 as well as Development Agreement, dated 31.05.2011.
A compensation amounting to Rs. 80,000/- and
Litigation cost of Rs.25,000/-
O.P. No.1 ,1(a), & 1(b) did not filed any W/V, but O.P.2,3,4,5 &6 had file W/V on 08.05.2018 with Vokalatnama through their Ld. Advocates. Though the O.P. No.2,3,4,5,6 had file the W/V, but record reveals that the statutory period was already over,so we are not accepted the W/V. So the complaint was running exparte from dated 08.05.2018 till judgment.
Is the Complaint maintainable or not?
Is the Complainants entitled to get relief in the case?
Decision with reason
We have perused complaint, all documents, money receipts, photocopy of cheques, printed pictures and other documents. After paying Rs.18,00,000/- the complainants came to know that the flat was incomplete in all respect, the common parts and portion of the building is incomplete and not fit for habitable condition with no permanent electric connection. After complaining to O.P. no.1, the O.P. No.1 requested to the Complainants to take possession of the flat and assure to complete the remaining work within two months but till date it is incomplete.
As per agreement for sale dated 11.03.2015 the complainants was to get the flat within 18 months (10.09.2016) thereafter one year elapsed O.P. No.1 failed to handover the flat. Till now the flat is incomplete and is not for habitable condition.
As per the Development Agreement the work should have been completed within 24 months from the date of signing of the Development Agreement but 61/2 years had already been passed and O.P. No.1, 1(a), 1(b) have not completed the construction as per Agreement. The complainants are leading the days of distress. So the case is maintainable.
Hence, after the considering the entire materials and documents on the record we are the view the Complainants are entitled to get relief in this case.
Hence
it is
Ordered,
The compliant and same be allowed exparte against the O.P.s.
O.P. Nos.1,1(a),1(b) are directed to discharge its contractual obligations towards the Complainants by delivering the possession letter and Completion Certificate and complete the unfinished work of the schedule flat and execute of proper Deed of Conveyance in favour of the Complainants after completion of the flat.
O.P. Nos.1,1(a),1(b) are further directed to pay compensation of Rs.10,000/- to the complainant within two months from the date of this order.
O.P.s are further directed to pay Rs.5,000/- as litigation cost to the Complainants.
If O.P. Nos.1,1(a),1(b) fail to comply the order within two months from the date of this order the Complainant may put the order execution by filing execution application as per provision of the C.P.Act, 1986.
Let plain copy of this order be given to the parties free of cost as per the CPR, 2005.
Member Member President
Dictated & Corrected by
