DIST. CONSUMER DISPUTES REDRESSAL FORUM
NORTH 24 Pgs., BARASAT.
C. C. NO- 542/2017
Date of Filing: Date of Admission Date of Disposal:
24.10.2017 01.11.2017 06.02.2019
Complainant :- 1. SRI BISWAJIT BASAK
S/ O. Sri Gopal Basak,
2. SMT LINA KALAI (BASAK)
Wife of Sri Biswajit Basak,
Both formally residing at: Bally,
Durgapur, P.O.Durgapur (Bally),
P.S. Nischinda,Dist. Howrah,
PIN-711205,
Presently residing at:
A-308,H.B.Town Road No. 6, 2nd Floor,
P.O. Sodepur, P.S.Khardah,
Dist. North 24 Parganas,
Kolkata -700110.
=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 andDaughter of
Late Jagadish Chandra Bhowmick,
by Occupation –Housewife, residing at:
324,C.I.T. Road, Scheme VIM, P.O. Kankurgachi, PhulBagan, Kolkata-700054.
4. 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 their grievance till filing of this complaint.
The brief fact of the case of the Complainants are the intending purchasers of a flat/ residential unit identified by Flat No. “2A”, measuring more or less 947 Sq.ft super built up area, located at the 2nd 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.18,94,000 only.
The Complainants stated that the Developer/Opposite Party No.1 insisted the Complainants to pay advance money and prepared a draft of the agreement for sale for the said flat, and it was executed on 09.08.2014 and on the day of execution the Complainants paid a sum of Rs. 10,00,000/- as advance payment on the date of the Agreement and thereafter an Agreement for sale was also Registered by and between the parties on 11.03.2015 in the office of A.D.S.R. Sodepur, Dist. North 24 Parganas, being no. 01386.The rest was to be paid in part within 18 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.6.50.000/- by an A/C payee cheque being no.155421 of H.D.F.C. Bank towards the Developer/O.P. No 1 on 11.03.2015 by obtaining loan from L.I.C.I. Housing Finance Ltd. The O.P.1 issued money receipt for the same Complainants, which was paid a total sum of Rs. 16.50.000/- for the said residential unit towards the O.P. No.1.
After some time O.P. No. 1 requested the Complainants to pay the remaining consideration amount as he was facing acute financial crisis the Complainant paid a further sum of Rs. 1,74,000/- (Rs. 94,000/- by an A/C payee cheque being no. 000005 of Bank of India & Rs. 80,000/- by an A/C payee cheque no. 171369 of H.D.F.C. Bank) towards the Developer/ O.P. No. 1 out of remaining sum of Rs. 2,44,000/-. Thus the remaining sum of Rs.70,000/- was left to be paid which was to be paid at the time of registration of the said residential unit. Thus a total sum of Rs.18,24,000/- had already been received by the O.P. No.1 . O.P. No. 1 also proposed to the Complainant to take possession in the incomplete flat in the of February 2017 without any possession letter.
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 not obtained the revised sanctioned plan from the municipality and completion certificate. The O.P. No. 1 had 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.No.1,1(a),1(b) are directed to discharge it’s contractual obligations towards the complainants by delivering the possession letter and completion certificate and completion the unfinished work of the scheduled flat and execution 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 file any W/V, but O.P.2,3,4,5 &6 filed W/V on 08.05.2018 with Vokalatnama through their Ld. Advocates. Though the O.P. No.2,3,4,5,6 have filed the W/V, but record reveals that the statutory period was already over. So the complaint is running exparte.
Points for decision:-
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 payment of Rs.18,24,000/- 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 complying to O.P. no.1, the O.P. No.1 requested 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 were 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 6 1/2 years have 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 complainants within two months from the date of this order.O.P. Nos. 1,1(a),1(b) are further directed to pay Rs.5,000/- as litigation cost to the Complainants.
The Complainants will be paid the remaining sum of Rs.70,000/- which will be paid at the time of registration.
If O.P.No.s 1,1(a),1(b) fail to comply the order within two months from the date of this order the Complainants 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
