Dated: 08.02.2023
FINAL ORDER/JUDGEMENT
SHRI REYAZUDDIN KHAN , MEMBER
The case of the complainant is that the complainant came to a development agreement dated 31.05.2015 with the developer and aforesaid/ vendors to purchase one shop room on the ground floor( Shop no.13 as shown in the sanction building plan of the said building).The complainant further states that it was developer allocation measuring about 100 sq ft.covered area 10 ft into 10 ft corresponding 125sq.ft super built up area with common bath with privy on the back side of the ground floor situated at 23k,Christopher Road,P.S-Tangra,Kolkata-46 with a total consideration amount of Rs,7,50,000 only for the said shop.
As stated by the complainant the agreement took place on 31.05.2015 between the Pinki Sen ( Complainant) wife of Sri Sudip Sen (2nd party) And Smt.Durga Rani Sen wife of Kashi Nath Sen,Sri Sushanta Kumar Sen son of Kashi Nath Sen, Prasant Kumar Sen son of Kashi Nath Sen,Tanusree saha wife of Sri Tapan Saha, Mitali Kundu wife of Prasad Chandra Kundu,Saswati Nandy wife of prabir Nandy hereinafter collectively referred as Vendors,Owners( Ist party) And M/S Srishti Group having its office at 47/H/51, Christopher Road Kolkata-46 with Sri Avijit Dey son of Arup Kumar Dey and Raju Prasad Bari son of Nanhak Prasad ( 3rd part hereinafter called the developer) to sale out one shop room on the ground floor of the constructed building with the measuring more or less 100 sq.ft covered area 10ft x10 ft corresponding 125 sq.ft super built up area with common bath and privy on the back side of the ground floor lying and situated at premises being no.23k, Christopher Road,P.S Tangra,Kolkata-700046.
The complainant further stated that the total consideration of Rs 7,75,000/ ( Seven lakh seventy five thousand ) only for the aforesaid shop room with free from all encumbrances, charges ,liens, lispendence, mortgage etc.
The cost of aforesaid shop room is settled a sum of Rs.7,75,000 (Rupees Seven lakh seventy five thousand) only as total consideration money towards all cost and expenses including cost of common portion of the said shop room.
Out of total consideration money, the complainant paid Rs.5,00,000 ( Rupees Five Lakh vide Cheque no.233595 dated 31.05.2015 of Bank of India,CIT New Road Branch and developer have received and accepted the same. she purchased the said shop room for her livelihood purpose by means of self employment. The OPs developer also agreed to develop /complete aforesaid shop room and deliver the khas possession within 18 months from the date of execution of the agreement ie.31/05/2015 infavour of the purchaser and the purchaser shall pay balance amount so stipulated in the fifth schedule in the agreement.That the complainant states that the complainant requested several times to the OPs to deliver the said shop room as per agreement but till date the OPs failed to deliver the same.Newspaper “Ekdin Kolkata” dated 04.08.2022 showing the publication of notice to the OPs was also filed by the complainant.O.Ps did not resist the consumer’s complainant despite service of notice .No WV had been filed by the O.Ps within the statutory period.Thus the case runs ex parte hearing against the O.P.s
In support of his case the complainant has tendered evidence supported by affidavit and also relied upon documents annexed with the complainant petition. Complainant has also filed written argument. We have heard argument on merit and have also perused the record.
In view of the above facts it is observed by us that,it is unfortunate that OPs have miserably failed to perform their responsibilities. It is not our expectation that the complainant by any means suffer from loss of money and time for the negligence on the part of the OPs. Under the above circumstances,unfair trade practice and the gross negligence and deficiency in service on the part of the OPs is proved and the complainant is entitled to get relief/reliefs.
Based on the above discussion we disposed of the consumer case in the following terms:-
- OPs are directed to handover the said shop room with habitual condition being shop no.13 with execution of sale deed / Alternatively OPs are directed to refund the advance amount of 5,00,000 (Rupees Five Lakh) only ..
- OPs are directed to pay compensation of Rs 1 lakh ( One lakh) as mental agony, unnecessary harassment.
- Ops are directed to pay Rs 15,000 ( Fifteen thousand) as litigation cost.
- Above payments shall be made within 4 weeks from the date of this order failing which the amount shall carry @ 9% p.a from the date of the order till its realization
The instant consumer complainant is thus allowed on Ex parte against the OPs.
Copy of the judgment be supplied to the parties as per rules. Judgment be uploaded on the website of this commission forthwith for perusal of the parties
