.DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR,
KOLKATA-700 144
C.C. CASE NO. 121 OF 2019
DATE OF FILING : 2.8.2019 DATE OF JUDGEMENT: 14.01.2020
Present : President :
Member(s) : Jhunu Prasad & Jagadish Ch. Barman
COMPLAINANT : 1. Partha Sarkar
S/o – Late Amarendra Nath Sarkar
2. Debjani Sarkar
W/o – Partha Sarkar, Both are residing at A-22, Sreenagar,
Near Garia Station, P.O. – Panchasayar, P.S. – Sonarpur,
Kolkata – 700 094.
- VERSUS-
O.P/O.Ps : M/s Technoculture Building Centre Pvt. Ltd.
Having office at B 11 South Canal Road, 2nd Floor, Co-
Operative Housing Society Ltd. Metropolitan, P.S. – Dhapa,
Kolkata – 700 105.
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J U D G M E N T
JHUNU PRASAD, MEMBER
Interference of this Forum has been sought for by the Complainant contending gross negligence, deficiency in service and unfair trade practice in rendering necessary service towards the Complainant by the Opposite Parties.
In iconic, the case stated in the complaints, is that, the Complainants entered in to an agreement dt.30.11.2012 for development of a duplex bungalow of the complainant by the Opposite Party.
Accordingly the complainant paid Rs. 14,40,000/- and Rs. 1,29,450/- to the Opposite Party. But inspite receipt of full payment the Opposite Party failed and neglected to complete the development work within statutory period what amounts to deficiency on the part of the Opposite Party. The negligent act of the Opposite Party/builder caused mental agony and harassment to the complainants for which they asked compensation.
Hence, this case is filed for seeking adequate redressal of grievances. Issued notice upon the Opposite Party.
Despite service of notice, the Opposite Party never appeared before the Forum to contest the case by filling written version and so, the instant case has been heard ex-party against the Opposite Party.
Points for considerations
1. Was there any negligence or deficiency in service on the part of the O.P?
2. Is the complainant entitled to get the relief as prayed for?
Decision with reasons
All the points are taken up for consideration for the sake of convenience and brevity.
The main grievance of the Complainants is that inspite of entire payment for construction of their duplex bungalow to the Opposite Party, the Opposite Party never intended to complete their part of performance, according to the said assignment agreement dated 30.12.2012.by completion of construction work in respect of the said duplex bungalow in favour of the complainant.
On overall evaluation of the argument made before us by the Ld. Advocate of the complainants and perusing the all material evidences on record, it is evident that the complainants entered in to an Assignment agreement with the Opposite Party to construct the duplex bungalow and to comply his part obligation, they have already paid the entire amount of money of Rs.14,11,200/- as unit cost and Rs.1,58,250/- as cost of extra work to the Opposite Party which is found from the money receipts as well as from the possession certificate given by the Opposite Party to the complainant annexed with the complaint petition.
The record reveals that after such payment of entire consideration amount towards the Opposite Party, he never showed any intention to perform their part of obligation to complete the duplex bungalow within 18 months to 24 months which is very much obligatory on the part of the Opposite Party to complete his part service in favour of the complainants and in default of the same as per the assignment agreement dt.30.12.2012 the Opposite Party is liable to pay of Rs.7,83,216/- being delayed interest @18% for more than 3 years delay of completion of the said duplex bungalow of the complainant.
From the possession certificate, it is also reveals that the Opposite Party handed over the possession certificate on 15.10.2018 which is more than 3 years 9 months delay from the committed date of completion of the duplex bungalow to the complainant which tantamount to gross deficiency in service on the part of the Opposite Party within the purview of section 2(i)(g) of consumer protection Act 1986.
So, the Opposite Party is still liable to comply their part of obligations, which was promised by him to do, as per the said assignment agreement dt.30.12.2012.
Moreover, all the allegations made by the complainant are unchallenged and uncontroverted by the Opposite Party though the Opposite Party got chance to contest and refute by appearing before the Forum. Therefore, there are no reasons to disbelieve the unchallenged testimony of the complainant.
In light of the above analysis, we are of the opinion that the complainant is entitled to get the relief as prayed for and consequently the points for consideration are decided in affirmative.
In short, the complainant deserves success.
In the result, we proceed to pass
ORDERED
That the present case be and the same is allowed ex-parte against the Opposite Party with cost of Rs.10,000/-
That the Opposite Party is directed to pay of Rs.7,83,216/- as penalty for delay of completion of duplex bungalow to the complainant within one month from the date of this order as per assignment agreement dated 30.12.2012.
The complainant shall be at liberty to take recourse of execution of the order u/s 25/27 of C.P. Act 1986.
Member Member
Dictated and corrected by me
Member
The judgment in separate sheet is ready and is delivered in open Forum. As it is ,
ORDERED
That the complaint be and the same is allowed ex-party against the O.ps with cost of Rs.5,000/-.
That the O.Ps are directed, who will remain jointly and severally liable to make payment of Rs.6,93,000/- to the complainant with interest @12% p.a as agreed upon between the parties to be paid from the date of acceptance of the respective amounts till full realization thereof.
The O.Ps are also directed, jointly and severally, to pay a sum of Rs. 50,000/- as compensation for price hike of land, mental anguish and harassment of the complainant within a month of this order, failing which, the compensation amount and the amount of cost will bear interest @10% p.a till full realization thereof.
Let a free copy of this order be given to the parties concerned at once.
Member Member
