Hon’ble Mrs. Soma Bhattacharjee, Member
CC/686/2019 has been filed by Swapan Halder complainant –vs- M/s Beas Construction OP no. 1 and Biplab Howlader its sole proprietor, OP no. 2 u/s 17 of the C.P. Act, 1986 read with Section 13 of the C.P. Act, 1986. The case is valued at Rs. 28,65,000/-.
The OP no. 1 is a developer and OP no. 2 is a sole proprietor of the business of development of land and the complainant is absolute owner of the schedule property being an area of 1 cottahs 8 chittaks along with one tiled shed structure of 100 sq. ft on Mouza Purba Barisha J.L. No. 23 R.S No. 43 Touzi No. 3, 4 & 5 under R.S. Khatian No. 29 and R.S Dag No. 1628, under Police Station – Thakurpukur, District – South 24 Parganas, now Kolkata Municipal Corporation, vide K.M.C. Premises No. 42/1, Diamond Harbour Road, P.S. Thakurpukur, Kolkata 700063, under ward no. 124, being Assessee No. 41 – 124 – 05 – 0598 – 1, in the District of South 24 Parganas.
The complainant entered into a development agreement along with power of attorney on 2nd August , 2017 with the OP nos. 1and 2 and this agreement was registered in the office of A.D.S.R Behala. Copies of the development agreement and power of attorney have been filed and marked annexure A.
As per the development agreement, the OPs would construct a G+3 storied building on the scheduled premises as per plan to be sanctioned by the KMC. The complainant being the landowner of the aforesaid property would get the entire 1st floor and one covered car parking space measuring 110 sq.ft in the ground floor of the said multi storied building to be constructed. The building would be constructed within 24 months from the date of signing of the agreement along with Rs. 10,00,000/- to be paid to Swapan Halder, landowner and complainant.
The OPs entered appearance but did not file W.V or evidence. Neither did they challenge the evidence of the complainant.
The complainant served a letter to the OPs by registered post dt. 18.07.2019 requesting them to handover possession of the flat and car parking space. Cause of action arose on 02.08.2017 when the development agreement was signed and again on 18.07.2019 when the letter was issued by the complainant to the OPs. The complainant has handed over his property to the OPs for development. Since the OPs have failed to deliver possession of the flat and car park to the complainant within the scheduled date, they have been negligent and deficient in providing service and have also resorted to unfair trade practice as per C.P. Act,1986.
Heard the submission of the Ld. Counsel of the complainant. Considered and appraised all documents on record. The thrust of the complaint is that the OPs are guilty of not providing service within stipulated period as per agreement with the complainant. Since C.P. Act, 1986 is a beneficial legislation, we are inclined to protect the interest of the consumers.
It is ordered
(1)The Opposite Parties nos. 1 and 2 are jointly and severally directed to handover possession of owner’s allocation of entire ground floor flat and car park as per schedule of the development agreement dt. 02.08.2017.
(2)The Opposite Parties nos. 1 and 2 are jointly and severally directed to handover the remaining Rs. 9,00,000/- (Nine lakh) only to the complainants as per terms of the development agreement.
(3)The Opposite Parties nos. 1 and 2 are jointly and severally directed to handover completion certificate to the complainant.
(4)The Opposite Parties nos. 1 and 2 are jointly and severally directed to pay a litigation cost of Rs. 10,000/- (Ten thousand) only to the complainant.
All the above mentioned directions are to be complied within a period of 60 days from pronouncement of this order, i.d. the complainant will be at liberty to put the order into execution.
CC/686/2019 succeeds ex parte and is disposed of.
Free plain copies be delivered to all parties.
