West Bengal

South 24 Parganas

CC/424/2014

Sri NANDAN DAS GUPTA - Complainant(s)

Versus

M/S. DAS GUPTA CONSTRUCTION. a proprietorship firm by its sole Proprietor, Sri Sudhajit Dasgupta. - Opp.Party(s)

31 Jul 2015

ORDER

DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , JUDGES’ COURT, ALIPORE KOLKATA-700 027

 

         C.C. CASE NO. _424_ OF ___2014__

 

DATE OF FILING : 9.9.2014     DATE OF PASSING JUDGEMENT: 31.7.2015__

 

Present                        :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :    Mrs. Sharmi Basu & Jinjir Bhattacharya

                                                                             

COMPLAINANT             :   Sri Nandan Das Gupta,s/o late Ranjit Das Gupta of 27, New South Park, 

                                               P.S. Jadavpur, Kolkata – 92.

 

-VERSUS  -

 

O.P/O.Ps                            :    1.  M/s Das Gupta Construction  and its Sole Proprietor

                                                2. Sri Sudhajit Dasgupta of 77A/26, Raja S.C Mullick Road, P.O Regent Estate,

P.S. Jadavpur, Kolkata – 92.

3.   Sri Ramen Roy,s/o Sri Rakhal Chandra Roy of 6, Gouranga Mandir Lane, P.S. Jadavpur, Kolkata – 86.

________________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

 

Mrs. Sharmi Basu, Member

            The instant case has been filed by the complainant under section  12 of the C.P Act, 1986 with allegation of deficiency in service against the O.Ps.

            In a nutshell the case of the complainant is that due to urgent need of accommodation the complainant as purchaser entered into an agreement for sale on 17.04.2013 with the developer for purchasing a flat in respect of all that a self contained complete flat or unit entire second floor flat measuring 1100 sq.ft super built up area more or less consisting of two bed rooms, one living room, one kitchen , one toilet, one w.c and one Balcony with marble finished with covered garage 140 sq.ft on the ground floor of Ground plus three storied building being premises no.155 , Purba Ful Bagan Road and Ful Bagan Road, Kolkata – 86 lying and situated within the ward no.101 of KMC along with undivided un-demarcated proportionate share of land of the said premises. The complainant  has paid Rs.6,00,000/- out of total consideration of Rs.19,00,000/-. On several occasions complainant requested the developer and land owners to hand over the possession of the flat and to execute and register the deed of conveyance in favour of the complainant but the O.P failed and neglected to perform his duty as per agreement and hence, this case.

            Inspite of service of summon upon all the O.Ps and giving opportunities to the O.Ps to contest the case by filing written version, they did not appear and hence the case proceeded exparte against them.

            Points for decision in this case are as follows:

1.             Whether the complainant is a Consumer or not.
2. Whether there is any deficiency in service on the part of the O.Ps or not.
3. Whether the complainant is eligible to get relief as prayed for partly or fully.

Decision with reasons

            All the points are taken together for convenience.

            It is crystal clear that inspite of paying Rs.6,00,000/- as part consideration  and complainant being ready and willing to pay the balance consideration money, the possession of the suit flat has not been handed over to the complainant nor the deed of conveyance in respect of the suit flat in question was executed and registered by the O.P in the name of the complainant. It is settled principle of law that in case of flat/plot delay to hand over the possession and/or delay to execute and register the deed of conveyance in the name of the complainant in respect of the flat/plot in question amounts to deficiency in service. Therefore, we have no hesitation to hold that O.Ps have committed deficiency in service towards the complainant/consumer and are liable to hand over the possession and also to execute and register the deed of conveyance and also to hand over the completion certificate. Therefore, the complainant is a consumer under section 2(1)(d)(ii) of the C.P Act and O.Ps are service provider under section 2(1)(o) of the C.P Act and the complainant entitled to get  relief as prayed for.

            It is needed to be mentioned here that Hon’ble National Commission already has been pleased to observe that cause of action shall be continued in case of flat/plot till handing over possession , execution and registration of the deed of conveyance in respect of the suit flat/plot in favour of the complainant .

            Thus all the points are discussed in favour of the complainant.

            Hence,

                                                                        Ordered

That the case be and the same is allowed exparte with cost .

All the O.Ps are jointly and/or severally directed to hand over the possession of the suit flat to the complainant and to execute and register the deed of conveyance in favour of the complainant as per agreement and to hand over completion certificate of the suit flat to the complainant within 45 days from this date.

The O.Ps are also directed jointly and/or severally to pay compensation to the tune of Rs.50,000/- and litigation cost of Rs.5000/- to the complainant within  45 days from this date.

In case of failure to comply the order within the stipulated date, the O.Ps jointly and/or severally will pay Rs.50/- per diem to the complainant till the date of full compliance of this order.

Let a plain copy of this order be served upon the parties free of cost.

 

 Member                                                          Member                                               President

Dictated and corrected by me

 

                        Member

 

 

 

The judgement in separate sheet is ready and is delivered in open Forum. As it is ,

 

Ordered

That the case be and the same is allowed exparte with cost .

All the O.Ps are jointly and/or severally directed to hand over the possession of the suit flat to the complainant and to execute and register the deed of conveyance in favour of the complainant as per agreement and to hand over completion certificate of the suit flat to the complainant within 45 days from this date.

The O.Ps are also directed jointly and/or severally to pay compensation to the tune of Rs.50,000/- and litigation cost of Rs.5000/- to the complainant within  45 days from this date.

In case of failure to comply the order within the stipulated date, the O.Ps jointly and/or severally will pay Rs.50/- per diem to the complainant till the date of full compliance of this order.

Let a plain copy of this order be served upon the parties free of cost.

 Member                                                          Member                                               President