DIST. CONSUMER DISPUTES REDRESAL COMMISSION
NORTH 24 Pgs., BARASAT.
C. C. CASE NO. 01/2021
Date of Filing: Date of Admission: Date of Disposal:
04.01.2021 08.01.2021 14.12.2022
Complainant/s:- | 1.Smt. Kanika Dhar, W/o. Prabir Kumar Dhar. 2.Sri Prabir Kumar Dhar, S/o. Late Gopal Chandra Dhar, Both resideing at 34, S.B. Roy Chowdhury Road, Bhagya Laxmi Niketan 2nd Floor, Lichubagan, Culture More, Nimta, Kolkata-700049 = Vs |
Opposite Party/s:- | 1.M/s. Interconcept Enterprise, Represented by its Proprietor, Sri Bijendra Chaudhary, S/o. Gopal Choudhury, 44 P. K. Biswas Road, Sarada Complex, P.O. Khardah, P.S. Titagarh, North 24 Pgs, Kolkata-700117 and also Flat No. G/A, 90 Patuatola Lane, P.O. Sukchar, P.s. Khardah, Dist- North 24 Pgs, Kolkata-115. 2.Sri Biswanath Ganguly, S/o. Late Pramathanatha Ganguly, At 3, Desh Bandhu Nagar, P.O. Sukchar, P.S. Khardah, Dist- North 24 Pgs, Kolkata-700115. |
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P R E S E N T :- Debasis Mukhopadhyay…………….President
:-Smt. Monisha Shaw …………………. Member.
:- Sri Abhijit Basu………………………Member
JUDGMENT / FINAL ORDER
The complainant filed a case under Section 35 of the C.P. Act, 2019.
The complainant applied for a residential flat being constructed by O.P. No.1 and agreement for sale was executed between the complainant and O.P.No.1 on 25.03.2019 and total consideration amount was fixed at Rs. 16,61,000/- and the complainant paid Rs. 12,45,750/- on various dates out of the total consideration amount to the O.P. No.1. The complainant took house building loan from IIFL Home Finance Ltd on 29.04.2019 and on 06.06.2019 O.P. again executed and registered another agreement for sale by changing some terms and conditions without any knowledge and consent of the complainants and this agreement the cost of the lift and electricity was increased of Rs. 50,000/- from Rs. 25,000/-. When the complainants asked about the changes and terms the O.P. No.1 avoided the complainants. But the O.P. No.1 caused delay for which the complainants suffered loss. The complainant filed one complaint case before the DCDRC, Barasat being C.C. No.65/2020 on 21.09.20 and after filing the case somehow the O.P. No.1 came to know about the case and started the construction work and then asked the complainants to withdraw the case promising hand over possession of the flat with full satisfaction of the complainant. But after withdrawal of the case by the complainants they asked for possession of the flat and for registration by the O.P. No.1. The O.P did not hand over the flat. The complainants were suffering loss due to bank loan taken by them. Hence the complainant filed this case praying for direction to the O.Ps to make registration of the flat after receiving the balance amount and also hand over the flat in habitable condition and also for cost and compensation.
The opposite party contested the case by filing W.V.
The O.P contended that the case may be dismissed by directing the complainant to take possession of the flat on payment of the balance consideration as the opposite parties always offered the complainant to take possession of the flat and pay the balance consideration and therefore the case is frivolous and is liable to be dismissed.
Contd/-2
C. C. CASE NO. 01/2021
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From the contention of the parties it appears that the points for consideration in this case are whether the case is maintainable or not and whether the complainants are entitled to get the reliefs as prayed for.
The Ld. Advocate for the complainant submitted that the complainant is entitled to get the relief as prayed for and the complainant is ready and willing to pay the balance consideration money as per the agreement.
The opposite parties did not appear to argue the case.
Considering the contentions of the parties and the evidence on record and submissions it is found that the opposite parties stated that the opposite parties are always ready and willing to give the possession of flat after receiving the balance consideration money from the complainant as per the agreement between the parties.
The complainant also prayed for reliefs that the O.Ps are directed to hand over the possession of the flat after receiving the balance consideration money from the complainant and also execute and register the deed. The opposite parties in their written version admitted that the execution of the deed could not be done because of the negligence of the complainant and the O.Ps are ready and willing to execute the deed after receiving the balance consideration money.
Therefore, the case is practically admitted and the complainants are entitled to get the relief as prayed for.
Hence,
It is Ordered
that the case be and the same is allowed on contest against the opposite parties.
The opposite parties are directed to hand over the possession of the flat in habitable condition after receiving the balance consideration from the complainant as per agreement between the parties. The opposite parties are also directed to hand over the possession certificate in favour of the complainant within two months. Failing which the complainant is at liberty to execute the order according to law.
Let plain copy of this order be given to the parties free of cost.
Dictated & Corrected by me
President President
Member Member
