DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SOUTH 24 – PARGANAS ,
AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 0144
C.C. CASE NO. _379_ OF ___2015_
DATE OF FILING : 21.8.2015 DATE OF PASSING JUDGEMENT: 04/042018
Present : President :
Member(s) : Jhunu Prasad & Subrata Sarker
COMPLAINANT : Sri Amar Kumar Dutta, son of late Monoranjan Dutta of 59A, Ashutosh Colony, Ground Floor, P.O Haltu, Kolkata-78, previously resided at 19/11, Selimpur Road, P.S Jadavpur, Kolkata-700 031.
-VERSUS -
O.P/O.Ps : M/s M.S Construction, represented by its Proprietor Sri Himadri Sekhar Saha, son of Sri Himangshu Kumar Saha of 188/78, Prince Anwar Shah Road, P.S Lake, Kol- 45.
1. Smt. Alaka Ghosh, wife of late Paresh Chandra Ghosh
2. Sri Prabir Ghosh, son of late Sarat Chandra Ghosh
3. Sri Prasanta Kumar Ghosh, son of late Sarat Chandra Ghosh of 12, Dhakuria Station Lane, P.S Jadavpur, Kolkata – 31.
J U D G E M E N T
Jhunu Prasad, Lady Member
The door of this Forum has been knocked by the complainant, for redressal of the consumer dispute as per the C. P. Act, 1986.
In diminutive, the case of the complaint is that, the complainant entered into an ‘Agreement for Sale’ with the Opposite Party No 1./ Developer which has been registered on 24.11.2010. On the basis of the said ‘Agreement for Sale’ the complainant paid total consideration amount of Rs. 6,99,578/- . But after receipt of the total consideration money the Opposite Parties did not pay any heed to hand over the khass possession of the said flat to the complainant and did not execute the deed of conveyance.
Thereafter, the complainant made several correspondences, but as per ‘Agreement for Sale’ the Opposite Party neither hand over the khass possession to the said flat nor execute the deed of conveyance within stipulated time.
Hence, the complainant filed this instant complaint for getting relief as prayed for.
Issued notices upon the Opposite Parties.
Despite service of the notices, the Opposite Parties never appeared before the Forum to contest the case by filing written Version, so, the case has been heard ex-parte against the Opposite Parties.
POINTS FOR DECISION:-
1) Is the complainant a consumer or not?
2) Is there any deficiency of service on the part of the OP?
3) Whether the complainant is entitled to get any relief as prayed for.
DECISION WITH REASONS:-
In order to prove his allegation set forth in the complaint, the complainant deposed in this case as sole witness by way of affidavit and also produced some documents in support of his case.
The main contention of the complainant is that, in spite of payment of entire consideration amount, to the Opposite Party No.1/Developer, the Opposite Parties viz. the developer and the land owner never intended to complete their part of performance according to the said agreement and to execute and register the deed of conveyance in respect of the said flat.
None of the Opposite Parties ever appeared to contest the case by filing written version or raised any objection in the matter of execution and registration of the Deed of Conveyance in favour of the complainant in respect of the said flat in question.
We have carefully considered the submissions made before us advanced by the Ld. Advocate of the complainant and OP.No.1 and after perusal of all the materials on record, it appears that the complainant is a consumer within the purview of section 2(1)(d) of C.P. Act 1986.
On overall evaluation of the argument made before us by the Ld. Advocate of the complainant and the material evidences on record, it is evident that on 24.11.2010 an ‘Agreement for Sale’ has been executed by and between the complainant and the Opposite Parties for purchase of one residential flat measuring about more or less 500 sq. ft. super built up area consisting of 2 bed rooms one kitchen, toilet, lobby on the south- western side of the ground floor with common facility lying and situated at premises No. 12, Dhakuria Station Lane P.S. Jadavpur, Kolkata- 700031 and to comply his part of obligation he had already paid the entire consideration amount of Rs 6,99,578/- to the Opposite Party No.1/Developer, which is also evident from the documents filed by the complainant.
But, being the developer, the Opposite Party No.1. and the Opposite Party No. 2 and 3 land owners did not show any intention to perform their part of obligations to hand over the khas possession of the flat in question and to execute and register the Deed of Conveyance.
Moreover, all the allegations made by the complainant did not challenge by any of the Opposite Parties. Therefore, there are no reasons to disbelieve the unchallenged testimony of the complainant.
Manifestly, it is found from the record and documents filed by the complainant that in spite receipt of the total consideration amount of Rs.6,99,578 the OP/developer and the Opposite Party No.2 & 3 land owner deliberately and intentionally ignored to hand over the said flat in question in favour of the complainant and to execute and register the deed of conveyance which amounts to deficiency of service within the per view of section 2(1)(g) of C. P. Act 1986 and that’s why the Opposite party developer and land owners are liable to comply their part of obligations, which was promised by them to perform as per the said ‘Agreement for Sale’ dated 24.11.2010.
In light of the above analysis, we are of the opinion that the complainant is entitled to get the relief as prayed for and consequentially the points for consideration are decided in affirmative.
In short, the complainant deserves success.
In the result, we proceed to pass
O R D E R
That the case be and the same is allowed on ex-parte against the Opposite parties with cost of Rs.10,000/-
That the Opposite parties are jointly and severally directed to execute and register the Deed of Conveyance and hand over the peace full vacant possession of the said flat in question within one month from the date of this order.
That the Opposite Parties/OP.No.1 is/are also directed to pay compensation of Rs.50,000/- for harassment and mental agony of the complainant and to pay Rs.10,000/- for litigation cost to the complainant within one month from the date of this order.
In the event of non compliance of this order the complainant shall be at liberty to execute this order in accordance with the provisions of law.
Let copy of this order be supplied to the parties free of cost, when applied for.
Member Presiding Member
Dictated and corrected by me
Member
The judgment in separate sheet is ready and is delivered in open Forum. As it is ,
O R D E R
That the case be and the same is allowed on ex-parte against the Opposite parties with cost of Rs.10,000/-
That the Opposite parties are jointly and severally directed to execute and register the Deed of Conveyance and hand over the peace full vacant possession of the said flat in question within one month from the date of this order.
That the Opposite Parties/OP.No.1 is/are also directed to pay compensation of Rs.50,000/- for harassment and mental agony of the complainant and to pay Rs.10,000/- for litigation cost to the complainant within one month from the date of this order.
In the event of non compliance of this order the complainant shall be at liberty to execute this order in accordance with the provisions of law.
Let copy of this order be supplied to the parties free of cost, when applied for.
Member Presiding Member
