The petitioner being a consumer has moved this forum for a direction upon the o.p. no.1 developer to deliver possession 2nd floor, Flat no.2B and car parking no.7 measuring 680 sq.ft. super built up area together with undivided proportionate share in the land and common areas, facilities enjoyments etc. at premises no.4/B Pratapaditya Road, Ward no.88, P.S. Tollygunge, Kolkata-26, Dist. South 24 Parganas (South) schedule A of the complaint and to pay damages @ Rs.4500/- per quarter from October 2004 in terms of agreement between o.p. no.1 and complainant, o.p. nos2 to 8 dt.26.5.97 and 18.3.02 alleging deficiency in service on the part of o.p. no.1.
In course of argument petitioner submits that he does not press for other reliefs sought for in the complaint.
The notices of the consumer complaint is duly served upon the o.p. no.1 who appeared but did not contest the consumer complain t either filing w/v or paying cost awarded by this forum vide order no.11 dt.22.5.08.
It is appearing from order sheet that complainant did press service of notices upon o.p. nos.2 to 8as he did not ask for any relief against them.
Accordingly consumer complaint is heard ex parte against o.p. no.1 The complainant has filed affidavit corroborating his complaint.
It is undisputed / unchallenged that the petitioner and o.p. nos.2 to 8 being owners of premises no.4B and 4D Pratapaditya Road, P.S. Tollygunge, Dist. 24 Parganas (South), Kolkata-26 executed a promotional agreement with o.p. no.1 on 26.5.97 for development by way of a multi storied building on the terms and conditions contained therein. It was agreed by and between the parties that in case o.p. no.1 is unable o complete the proposed building within the stipulated period of 24 months o.p. no.1 shall pay the owners a further sum of Rs.31500/- for every three months of delay.
After sanction of building plan by KMC the parties o.p. no.1 and complainant, o.p. nos.2 to 8 executed the additional agreement on 18.3.02 whereby individual allotments to the petitioner and pro o.p. nos.2 to 8 as well as o.p. no.1 specifically mentioned. By the said agreement petitioner was allotted Flat no.2B measuring 680 sq.ft. and a car parking space being pace no.7.
The petitioner alleged that in terms of agreement o.p. no.1 neither deliver possession nor paid damages even after demand notice dt.17.8.06. Hence petitioner being a consumer has prayed for above reliefs filing the consumer complaint alleging deficiency in service on the part of o.p. no.1.
No materials /evidence transpire from the record contrary to the contentions and allegations sweared on oath. Therefore it is evident that o.p. no.1 has failed to discharge his obligations in terms of he agreements and to delivery possession of the petitioner’s allotted flat paying damages as agreed which is deficiency in service on the part of o.p. no.1.
In view of the unchallenged testimony o.p. no.1 is liable to deliver possession ofhe petitioners allotted flat along with damages as agreed. The consumer complaint thereby succeeds and it is awarded in the following terms.
The o.p. no.1 is directed to deliver possession of petitioner’s allotted flat no.2B, measuring 680 sq.ft. super built up area together with undivided proportionate share in land and common areas, enjoyment etc. at premises no.4B Pratapaditya Road, Ward No.88, P.S. Tollygunge, Kolkata-26, Dist. 24 Parganas, to pay damages as agreed @ of Rs.4500/- per quarter from 1.11.04 and litigation cost Rs.3000/- (Rupees three thousand) only within three months from date, failing which o.p. no.1 shall be liable to pay interest @ 8% p.a. on the amount payable above till realization.
Let copy of this order be supplied to the parties free of cost.
