DIST. CONSUMER  DISPUTES  REDRESAL  COMMISSION

NORTH 24 Pgs., BARASAT.

 C.C. No.03/2022

Date of Filing:                       Date of Admission:                 Date of Disposal:

    14.01.2022                           01.02.2022                                          29.05.2023

P R E S E N T                 :-    Smt. Manisha Shaw………………Member.

                                        :-     Sri.  Abhijit Basu      ……………… Member.

          JUDGMENT

Complainant filed this case u/35 of the Consumer Protection Act 2019.

The facts of the case is complainant booked a residential flat measuring about 320 Sq.ft super built up area with all common amenities being flat being Flat No.9, second floor building name ‘Minasree Apartment’ at premises No. 3, Tarun Pally,

Contd/-2

C.C. No.03/2022

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Deshapriya Nagar, P.S. Belgharia, Kolkata-700056 for total consideration money of Rs.7,50,000/-. The complainant paid entire consideration amount for purchase the said flat to O.Ps and made agreement for sale between the parties on1st day of January, 2017. Promoters signed at Memo of consideration and signed on behalf of all other opposite parties a  constituted attorney. The opposite parties agreed and assured to deliver and / or handover the peaceful possession to the complainant. On 10.06.2019 the complainant went to the O.P for handing over the flat and for register the document. The O.Ps assured within a short period they will do it. In the meantime Covid- 19 started. O.P. no.1 is the partnership firm and O.P. No.2and 3 are the partner of the firm and remains are landowners.

          Suddenly Sudip Dalal expired and his wife became the partner of O.P. No.1, i.e. partnership firm. Then the O.P-members always says they will the same within short period. Finding no other alternative complainant send demand notice to opposite parties on 20.12.2021 but in vain. Thereafter, opposite parties refused to hand over possession of the flat and register the same. Hence the complainant filed this case. Complainant sent notices to all opposite parties. O.P. No.4 received the notice but O.P. Nos. 1,2,3,5 and 6 refused the notice which will be treated as accepted. However, O.Ps did not feel any urge to appear before this commission even after expiry of statutory period and also at the time of argument. Hence the case is heard exparte. The case is within the territorial and pecuniary jurisdiction of this commission. Hence this commission has ample power to try this case. The details of the suit property is one complete flat measuring about 320 Sq.ft super built up are at flat No. 9 lying and situated at premises No.3, Tarun Pally , Deshapriya Nagar, Holding No. 658(New) 4 (old) ward No. 25 under Kamarhati Municipality, P.S. Belgharia, Dist-North 24 Parganas, Kolkata-700056. The details are mentioned in the schedule of agreement for sale deed and complaint.   

Issue framed for the purpose of decision

1. Whether the case is maintainable or not?

2. Whether the complainant is entitled to get relief or reliefs in this case or not?

Reason for Judgment

          The complainant paid entire consideration money to the opposite parties and  both the parties made a deed for agreement and executed the agreement on 01.01.2017. The O.Ps assured that they will hand over the khash possession of said flat within 2 ½ years and shall execute the deed of conveyance. But the O.Ps failed to provide the promise and lastly refuse to execute deed of conveyance and hand over the possession of said flat. Here, complainant is a consumer and opposite parties are service provider. Complainant paid entire consideration amount but O.Ps failed and neglected to do their part. Complainant did in his part but O.Ps failed to do their service, which would be treated as deficiency service from the part of opposite parties.

Contd/-3

C.C. No.03/2022

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          Considering the facts and circumstances of the case we are in opinion that the complainant is proved her case and shall be entitled to get relief as prayed for.

                    Hence,

it is ordered,

                    that the case bearing No. 03/2022 be and the same is allowed and heard exparte.

          Hence it is directed the opposite parties jointly or severally to hand over the  peaceful possession of said suit property and execute a deed of conveyance in respect of said flat in favour of the complainant with a cost of Rs. 10,000/- for litigation cost within two months from the date of this judgment. Alternatively jointly or severally refund the total consideration amount along with 9% interest from the date of receipt of money till recovery with Rs. 10,000/- for litigation cost within two months from the date of this judgment. Failing which the complainant shall have right to file execution case as per law.

Let plain copy of this order be given to the parties free of cost as per CPR, 2005.

Dictated & Corrected by me 

Member

                     Member                                                              Member