West Bengal

South 24 Parganas

CC/485/2014

Mrs. Mrinalini Bhattacharjee, Wife of Sri Goutam Bhattacharjee. - Complainant(s)

Versus

M/S. Sunirman Products Pvt. Ltd. A private Limited Compnay. - Opp.Party(s)

05 Jun 2015

ORDER

DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

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

 

C.C. CASE NO. _485_ OF ___2014___

 

DATE OF FILING : 25.9.2014     DATE OF PASSING JUDGEMENT:  5.6.2015__

 

Present                        :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :    Mrs. Sharmi Basu

                                                                             

COMPLAINANT             : Mrs. Mrinalini Bhattacharjee ,w/o Sri Goutam Bhattacharjee of Vasundhara-III, Flat no.2M, Second Floor, 223, Najrul Pally, Mahamayatala, P.S. Sonarpur, Kolkata – 84.

 

-VERSUS  -

 

O.P/O.Ps                            : M/s Sunirman products Pvt. Ltd. 115, Haridevpur Dhalipara, P.O R.C. Thakurani, P.S. Thakurpukur, Kolkata – 104, represented by Managing Director namely Kazi Najiboor Rahman of 115, Haridevpur Dhalipara, P.O R.C. Thakurani, P.S. Thakurpukur, Kolkata – 104.

 

________________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

 

Sri Udayan Mukhopadhyay, President                                    

            This is an application under section 12 of the C.P Act, 1986 filed by the complainant against the O.P on the ground that he has purchased a flat from the O.P and possession was delivered and deed of conveyance has already been registered in the year 2004 being Deed no.05131. But inspite of several requests and visit physically  , the O.P failed and neglected to hand over the completion certificate issued by the Rajpur Sonarpur Municipality. It has claimed that reminder notice was also sent through Registered Post with A/D on 12.7.2013. Hence, this complaint with a prayer to direct the O.P to hand over the completion certificate and payment of compensation of Rs.50,000/- and litigation cost.

            The O.P is contesting the case by filing written version.

            It is the short case of the O.P that the case is barred by misjoindedr of necessary party and barred by limitation and denied further allegation leveled against him.

            It is the positive case of the O.P that complainant  is very much negligent to obtain completion certificate and in this regard necessary order is required from the Ld. Forum. It is further stated that possession was delivered long before. So, a letter informing for possession certificate cannot create further limitation in the matter. Hence O.P prays for dismissal of the case.

            Points for decision in this case is whether there is any deficiency on the part of the O.Ps or not.

                                                            Decision with reasons

            It appears from the complaint case that deed of conveyance was registered in the year 2004 and possession was also delivered definitely on the date of registration in the year 2004 or earlier. We find that the contention of the Ld. Advocate of the O.P cannot be brushed aside because the landlords were not made parties and the entire episode was made when the landlord was party in the earlier complaint case. So, the contention of the Ld. Advocate of the O.P that this case suffers from misjoinder of necessary party cannot be ignored., Apart from that , possession was delivered long before two years of filing of the case. So, complainant should file this case within two years from the date of possession.

            However, at the time of argument good sense is prevailed by the O.Ps and according to their written version in para 12 that he is trying to obtain completion certificate have been proved by submitting the completion certificate in the name of Dr. Rupa Sen and other and Piku Ghosh Chowdhury and others.  Probably they are the landlord and developer. So, the problem of complainant will be solved in respect of the completion certificate. Apart from that , complaint case suffers from hopelessly barred by limitation as well as mis-joinder of parties .

            One thing has come to the knowledge of this Forum during the course of argument that the original landlord already expired ,who has given a power . But the legal heirs ought to have been made parties in this case but inevitable did not happen.

            However, the submission of completion certificate of the Building Plan no.1051/CB/28/18 dated 5.1.2013 clearly solved the problem of the complainant when it has mentioned in the last line of the completion certificate issued by the Rajpur Sonarpur Municipality on 31.1.2015 that approved Completion Plan no.1850/Comp/CB/30/15  dt. 31.01.2015 .

            Although complainant failed to prove the deficiency in service in light of the observation made hereinabove, but still then complainant’s problem already solved.

            In this circumstances, we do not propose any compensation and litigation cost against the O.Ps.

            Hence,

                                                                        Ordered

That the application under section 12 of the C.P Act, 1986 is disposed of in light of the observation made hereinabove.

Complainant is at liberty to obtain certified copy of the completion certificate in the name of Dr. Rupa Sen and other and Piku Ghosh Chowdhury and others and its annexures i.e. the expenditure incurred by the O.P to obtain completion certificate.

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

 

 

 

Member                                               Member                                               President

 

Dictated and corrected by me

 

 

 

                        President

 

 

 

 

 

 

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

 

Ordered

That the application under section 12 of the C.P Act, 1986 is disposed of in light of the observation made hereinabove.

Complainant is at liberty to obtain certified copy of the completion certificate in the name of Dr. Rupa Sen and other and Piku Ghosh Chowdhury and others and its annexures i.e. the expenditure incurred by the O.P to obtain completion certificate.

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

 

 

 

Member                                               Member                                               President