DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
MUCHIPARA, BURDWAN.
Consumer Complaint No 218 of 2013
Date of filing: 13.9.2013 Date of disposal: 06.8.2015
Complainant (s): 1. Ashok Kumar Sarkar, S/o. Late Anil Kumar Sarkar.
2. Jibon Krishna Majhi, S/o. Madhusudan Maji.
3. Surajit Roy, S/o. Suranjan Roy.
4. Bhaswar Nandi, S/o. Ranendra Kr. Nandi.
5. Ashim Kumar Das, S/o. Late Sashi Kumar Das.
6. Debasis Chowdhury, S/o. Debnarayan Chowdhury.
7. Dr. Debasish Saha, S/o. Late Sunil Saha, represented by his
Power-of-Attorney Holder Sumanta Ghosh Moulik.
All are resident of Sankalon Apartment, 138-Nutanpally (near Motor Garrage), PO., PS. & Dist: Burdwan.
-V E R S U S-
Opposite Party: 1. M/s. Sivarani Developers Pvt. Ltd., Office at: Shena Apartment, Burnpur Road, PO: Asansol, Dist; Burdwan, Represented by its Director, Sri Biswanath Rakshit, S/o. Late Krishnapada Rakshit, 18, Bahir Sarbamongala Road, Burdwan, PO: Rajbari, PS & Dist: Burdwan, PIN – 713 104.
2. M/s. Sivarani Developers Pvt. Ltd., Burdwan Office at: 26 Ramkrishna Road, PO, PS & Dist: Burdwan, PIN – 713 101, represented by its two Directors.
A. Sri Biswanath Rakshit, S/o. Late Krishnapada Rakshit, 18, Bahir Sarbamongala Road, Burdwan, PO: Rajbari, PS & Dist: Burdwan, PIN – 713 104.
B. Swapan Sain, S/o. Late Dhaneswar Sain, Sadarghat Road, PO: Sripally, PS: & Dist: Burdwan.
3. Harihar Roy, S/o. Late Shiba Prasad Roy.
4. Smt. Krishna Roy, W/o. Harihar Roy, both are resident of Vivekananda Pally, Kalna Road, Pirpukur (west), PO., PS & Dist: Burdwan PIN – 713 101.
Present: Hon’ble President: Sri Asoke Kumar Mandal.
Hon’ble Member : Sri Durga Sankar Das.
Appeared for the Complainant (s): Ld. Advocate, Santi Ranjan Hazra.
Appeared for the Opposite Party No. 1, 2(A) & 2(B): Ld. Advocate, Subrata Ghosh.
Appeared for the Opposite Party No. 3 & 4: Ld. Advocate, Chayan Bhattacharyay.
J U D G E M E N T
This complaint has arisen by a petition filed by one Asoke Kumar Sarkar and six others alleging deficiency in service as stated in the petition of complaint. In this case the Ops are M/s. Sivarani Developers Pvt. Ltd., Sneha Apartment, Burnpur Road i.e. OP-1, M/s. Sivarani Developers Pvt. Ltd., branch office at Burdwan i.e. OP-2, Biswanath Rakshit i.e. OP-2A, Swapan Sain i.e. OP-2B, Harihar Roy i.e. OP-3 and Smt. Krishna Roy, W/o. Harihar Roy i.e. OP-4.
OP-1&2 happens to be a private limited company, constituted under the Companies Act, 1956 having its office at Sneha Apartment, Burnpur road. The OP-2 happens to be Burdwan branch office. OP-3&4 happens to be owner of a plot situated within the town, PS & District Burdwan, Mouza Radhanagar, Ward No. 8 of the municipality. The OP-3&4 entered into a joint venture agreement on 05.5.2008 with the OP-1 for the purpose of construction of multi storied building over the aforesaid property under the name and style “Sankalan Apartment’. The complainants have purchased and became owner of their respective residential flat developed by the OP-1&2 over the said plot of land owned by OP-3&4 by purchasing the same by virtue of registered Deed, executed in between the Ops and the individual flat owners. The complainant no. 7 is the owner of two flats and he is represented by his power-of-attorney holder. An agreement of sale was executed among the said land owners, i.e. the OP-3&4, the developer i.e. the OP-1&2 and the individual prospective purchasers of the flats. As per clause 25 of the said instrument of agreement of the sale the developers shall oversee and cause the formation of a society/association duly registered under Apartment Owners’ Act by the individual apartment owners of the building, including the owners for the purpose of arranging for the proper maintenances of the building complex and common facilities, amenities. The Ops in connivance with each other creating problems over the peaceful possession and enjoyment of the individual flat owners, regarding the enjoyment of the common space of the apartment, as contemplated in the registered deed of agreement to sale and also the registered sale deed. Still now the Ops failed to cause issue of completion certificate in respect of the said apartment and the complainants are facing various problems like to cause mutate the said flats in their respective names or to take insurance policy regarding the said apartment etc. Still now the Ops have failed to provide lift facility and for that reason the complainants especially the occupier of the upper floor are suffering a lot. At the time of starting the development work the developer has taken the electricity connection for running the water pump, lift in the name of the OP-3&4 but still now the Ops did not transfer the said electricity connection in the name of the said apartment and the OP-3&4 threatening the complainants to disconnect the said electricity connection. For that reason the complainants made several representations to the D.M., Burdwan and I.C., Burdwan Police Station but the problem still continuing insptie of several effort of the administration. After measurement of their respective flats it has been found that the actual area is less than the area for which the OP-1&2 received money which is nothing but unfair trade practice. The complainants have to bear the entire common maintenance expenses and other expenses towards the said apartment. Be it mentioned that the OP-3&4 is the owner of 40% share of the common space as per agreement executed in between the developers and OP-3&4 but they refused to pay their share for such common areas as mentioned in the agreement. The complainants on several times requested the Ops to remove all the deficiencies of service immediately but they are very much reluctant to solve the problems. Moreover, the OP-3&4 filed two separate Title suit before the Civil Judge, Junior Division, 2nd Court, Burdwan by implicating the complainants as defendant stating various false, wild allegations. The life of the flat owners and family members become at a stake due to the act and conduct of the Ops which is nothing but deficiency in service. The complainants have claimed relief as under:
- Pass an order directing the Ops to make arrangement of the completion certificate from the appropriate authority immediately,
- Direct the Ops to cause the formation of a Society/Association, duly registered under Apartment Owners’ Act, as contemplated Clause 25 of the instrument of Agreement of Sale, as early as possible,
- Direct the Ops to resolve the matter of dispute regarding the enjoyment of the existing electricity connection or to provide new electricity, for the purpose of running pump, lift etc.,
- Direct the OPs to start the lift facility of the apartment with immediate effect,
- Direct the Ops to satisfy the individual complainants, regarding the measurement of their respective flat and to return the excess amount of money, if any, taken by the Ops, from the individual flat owners, after calculation of the price of the flat on the basis of actual measurement,
- Direct the OP-1&2 to compensate the individual complainant to the tune of Rs. 50000=00 each totalling Rs. 4,00,000=00 for their physical suffering and mental agony, arising out of negligence in service as well as unfair trade practice,
- Direct the OP-3&4 to compensate the individual complainant to the tune of Rs. 20,000=00 each totalling Rs. 1,60,000=00 for their physical suffering and mental agony arising out of negligence in service as well as unfair trade practice,
- Direct the OP-3&4 to pay the entire outstanding amount towards their share of maintenance charges,
- Cost of the present suit Rs. 20,000=00.
OP-1, 2A & 2B have contested the complaint by filing written version denying the allegations made by the complainants. These Ops have further stated that there is a joint agreement between the Sivarani Developers Pvt. Ltd. Represented by one of its director Biswanath Rakshit and others and land owners, namely, Sri Harihar Roy and Smt. Krishna Roy. Land owners executed general power of attorney for the purpose of the joint venture agreement dt. 05.5.2008. Thereafter on completion of the flat the developer already handover the possession of the respective flats to the complainant.Land owner Harihar Roy and Krishna Roy as owner executed deed of sale in favour of the complainants and this OP Pvt. Co. had signed in the said deed of sale as confirming party. Due to non-cooperation of the land owner i.e. OP-3&4 the lift problem cannot be resolved though meeting was held at the office of DM in presence of Biswanath Das. OP-3 who is also resident of the apartment and occupier of 7 flat at that Apartment is not paying maintenance as well as AMC for lift and also not complying the procedure for transferring the electric connection in favour of the flat owners. The developers are always ready to resolve the entire problem subject to co-operation of owners. The problem crops up between the land owners and the individual flat purchasers because of non-cooperation of the land owners who are also the flat owner on the ground of non-payment of maintenance charges and other charges. There is no deficiency in service on the part of the developers, as alleged. These Ops further state that they have not taken any excess amount from any of the flat owner after giving lesser area than the agreed area of their respective flat. These Ops have delivered possession of the respective flats on May 2011. The flat owners have never raise any objection or dispute before filing of this case on or within two years from the date of taking possession of the flat regarding the area of their flats. So, there is no deficiency in service on the part of thee Ops.
The OP-3&4 have contested the case by filing written version denying the entire allegation made by the complainants in the petition of complaint. These Ops submit that as per terms of agreement as the developers had undertaken to keep these Ops totally indemnified against all claims contaminates, charges etc. in connection with the completion of construction and as such the present complainants are not entitled to claim any amount of compensation from these Ops and as such the claim of Rs. 20,000=00 or in total Rs. 1,60,000=00 to be paid by these Ops is absolutely whimsical claim which has got no legal basis at all and as such the present complainants are not at all entitled to claim any compensation from these Ops and rather the present complainants are themselves wrong doers and on being complete satisfied about the case made by these Ops, the Ld. Court of Civil Judge , Junior division, 2nd Court, Burdwan has been pleased to issue temporary order of injunction against the present complainants in different forms and these complainants having not yet challenged those order of injunctions and only in order to bypass the process of law the complainants have cunningly filed the instant application before this ld. Forum and as the self-same matter is pending this ld. Forum has got no jurisdiction to deal with the instant application and as such the application be rejected. As the instant application having not been preferred within the statutory period of time and as there is deliberate negligence on the part of the complainants to institute the instant case and as the inordinate delay has been caused by the present complainant having not been satisfactorily explained and as such delay be not at all condoned and as such the instant case not at all be entertained and the case is fit to be rejected.
These Ops further beg to submit that as per agreement it was expressly stipulated that it was duty of the developers to oversee and cause formation of society and association duly registered under Apartment Owners Act and these Ops were/are always ready and willing to form the association as per law and they are ready and willing abide by the terms of said registered society after formation and as the present complainants for one reason and other denying to make proper arrangement of the same and as such the society cannot be formed lawfully for which the Ops cannot be held responsible and unless the proper society is registered under the law these Ops shall not be bound to provide arbitrary charges and fees so levied by these complainants without any authority to do so. The Ops further submits that the allegation regarding non-issuance of completion certificate by these Ops is also baseless allegation and nowhere in agreement of joint venture or in agreement of sale or in the individual deed of conveyance it was stipulated that these Ops shall be bound to hand over completion certificate to the individual purchaser and in fact and in reality it was a developer’s obligation to keep the owner i.e. these Ops indemnified against all claims contention disputes and litigation in connection with completion of construction and if the complainants have any objectio0n regarding the said issue then they are to have independent cause of action against the developers only as per agreement this Ops completely immune from such connotation and these Ops cannot be held responsible for the same. These Ops further submit that allegation regarding the electric connection is also baseless and in reality it was expressly stipulated by and between the parties that electricity connection and meter from WBSEB will be provided for the entire building but the individual purchaser should be bound to apply for and obtained separate electricity connection in their name at their own cost and further it was agreed that till a separate electricity connection and meter is provided to the purchaser the purchaser shall be responsible to pay proportionate share of the total energy consumer in the building in respect of the common areas of the building.
The complainant has submitted some documents like:-
- Deed of conveyance of Sri Ashok Kumar Sarkar and anothers.
- Deed of conveyance of Sri Dabasis Saha and others (relevant portion)
- General Power of Attorney of Sri Biswanath Rakshit.
- Agreement for sale of property of Sri Asim Kumar Das (relevant portion).
- Agreement for sale of property of Sri Jiban Krishna Majhi (relevant portion).
- Agreement for sale of property of Sri Bhaswar Kumar Nandi (relevant portion).
- Agreement for sale of property of Sri Ashok Kumar Sarkar (relevant portion).
- Agreement of Joint Venture of Sri Biswanath Rakshit.
- Deed of conveyance of Sri Asim Kumar Das (relevant portion).
- Deed of conveyance of Sri Surajit Roy (relevant portion).
- Deed of conveyance of Sri Bhaswar Kumar Nandi (relevant portion).
- Deed of conveyance of Sri Jiban Krishna Majhi (relevant portion).
- Letter to Sivarani Developers Pvt. Ltd.
- Complain to O.C., Burdwan, P.S.
- Complain to O.C., Burdwan P.S.
- Complain to O.C., Burdwan P.S.
- A/D Card.
- Xerox copy of envelop.
- Complain to D.M., Burdwan.
- G.D. to O.C., Burdwan P.S.
- Application to SDO, Sadar North, Burdwan.
- Acknowledgement of District Magistrate, addressing to Sri/Smt. A.K.Sarkar.
- Medical documents of Pritilata Sarkar.
- Measurement of flats.
During argument maintainability petition was heard as per order No.23 dated 15.1.2015 and was accepted.
The General Power of Attorney was signed between O.P. No.3 & 4 and O.P. No.2A & 2B, in which O.P. No.2A & 2B was entrusted the power as under:-
Point No. 6. To file and defend any or all Suits, Cases, Appeals, Complaints and Application of whatsoever manner or nature for and on our behalf that is to be instituted and/or preferred against us in respect of the said premises which is more fully described in the Schedule written hereunder and also to present and prosecute Writ Application or Petitions in respect thereof in an manner relating to the said premises described in the Schedule hereunder in any Court of Law. To appear, file and defend any case or cases whatsoever manner or nature before any Judicial Authority and/or Quasi-Judicial Authority in respect of the Schedule mentioned property written hereunder and/or the said premises.
- To sign and verify all plaints, written statements, petitions, objections, Cross Objections, claims, counter claims, Applications for Executions, Revisions, Review, New Trial or Stay of whatsoever manner or nature, memorandum of Appeal and Generally to do all other Acts, deeds and things related to above matters/proceedings think fit and proper in respect of the said Premises.
- To compromise all Suits, Appeals, Cases and /or any other Legal proceedings in any Court of Law, Tribunal Authority of whatsoever manner of nature and to sign and verify all Application and Solenama thereof for and on our behalf.
- To sign and receive registered or registered with A/D letter and/or articles and/or any other documents of whatsoever manner nature in respect of the said premises and/or property written in the Schedule mentioned herein below and to grant proper and effectual receipt or receipts in respect thereof.
- To sign and enter into Agreement for Sale for any part or portions of the Schedule below property and to receive from the intending purchaser or purchasers any earnest money and/or advance or advances and also the balance of purchase money and to give good, valid receipt and discharge for the same which will protect the purchase or purchasers without seeing the application of the money. The sale proceeds shall be deposited in the Attorney’s account.
- Upon such receipt as aforesaid in his name on our behalf and as our act and deed, to sign, execute and deliver, instruments and assurances, as may be required for fully and effectually handing over possession of the said property in favour of the purchaser and/or purchasers or his/their nominee or nominees and assignees, as the case may be.
The agreement of Joint Venture was signed on 05.5.2008 between O.P. No.3 & 4 and 2A & 2B. The salient feature of this Joint Venture Agreement is quoted below:-
- “The Owners” Allocation’ shall mean on completion of construction of the new proposed building the Owners shall be entitled to all that the 40% (Forty percent) of the total sanctioned F.AR. As to be sanctioned by the Burdwan Municipal Circle in the form of habitable self contained Flat areas in the said new proposed building and open car parking space in the ground Floor as per the plan as to be sanctioned which is to be constructed together with and undivided proportionate share in the land and the common portions of the building.
Xi. “Common Expenses” shall mean and include all expenses to be incurred by the Unit/Owners for the management and maintenance of the Building and the premises after obtaining completion/occupancy certificate from the Architect and/or the Burdwan Municipal Circle.
- “Common Portion, Facilities and Amenities” shall mean all the common areas and installations to comprise in the new building and the premises, after the development, including, staircases, lobbies, lift, passage, path ways, the ultimate roof, boundary walls, durwan’s room, service areas and other facilities which may be mutually agreed upon and between the parties as required for the establishment location enjoyment provisions maintenance and/or management of the building.
- “Society” shall mean the Society or Associations to be formed for the purpose of maintenance of the new building and the premises and for collecting and defraying the common expenses provided that until such Association is formed the Developer would be entitled to manage and/or maintain the new building and the premises and to collect the common expenses as mutually agreed upon by the owners and the Developer.
In Article-6 of the Joint Venture Agreement Owners Obligations is specifically quoted as under:-
Point No. 4.1 That the Owners shall render all assistance and support all efforts of the Developers in this regard, including placing their signature, endorsing ‘No Objection’, attending the offices of various authorities, and in general doing all acts under the instructions of the Developer wherever and whenever found necessary so as to give full effect towards complete implementation of this agreement.
- That the owners shall deliver clean, vacant, unobstructed possession of the Schedule property to the Developer, within one Calendar month of the receipt of a written communication from the later as to the receipt of all necessary sanctions/clearances from the Burdwan Municipality for commencing construction work upon the Schedule property.
- That the owners shall draw-up and execute without demur or demand a ‘General Power-of Attorney’ in favour of the Developer, within 1 calendar month of the execution of this agreement, so as to enable the letter to commence, carry-on- conduct and complete all activities specified herein and all activities incidental or ancillary thereto. Save and except the right of execution and registration of the Deed of conveyance in respect of the Developer’s allocation. The said Power-of-Attorney shall be in full force and effect till completion of all construction work and final delivery possession of all the apartments within the complex to individual purchasers by the Developer.
In Article-5 developer’s liabilities also quoted therein as under:-
Point No. 5.1 That on and from the date of delivery of the possession of the Schedule property by the Owners to the Developer, the latter shall be deemed to have been put in actual physical and legal possession thereof, and shall be responsible for the safety and security of all workmen, materials, consumables, stores, structures lying therein and/or brought in/erected subsequently.
- The developer shall also be solely liable in case of all accidents arising out of and/or in connection with any activity that may be carried on or at the Schedule property in terms of this agreement and all claims in that regard shall be satisfied by the Developer who shall keep the owners indemnified against all claims, contentions, litigations in connection therewith.
- That on and from the date of delivery of such possession of the Schedule property by the owners to the developer, the owners shall be deemed to have waived all their rights in respect of the Schedule property and to have wholly abdicated the same in favour of the developer for the purpose of the implementing the terms of the agreement and shall not be entitled, in particulars to sell, gift, exchange, lease-out, mortgage the same and/or create any charge in respect thereof or encumber the same in any manner whatsoever, without the written consent of the developer.
- The developer shall be solely responsible for and make and pay all payments wages, dues, contributions, entitlements contractual and/or statutory obligations and requirements of the workmen, supervisors, workers, labours, employees, architects and others by whatever name called or described, appointed, deputed or engaged or required or put on site for the erection, construction and completion of the said newly proposed building and every part thereof and the owners shall under no circumstances be deemed to be the employer and no responsibility and/or liability will shift upon them and th4 developer shall keep the owners indemnified from all or any claim, damages, payments costs and consequences suffered or incurred there from.
- In case in future any defect or lacuna in the title of the owner’s is found or any outstanding or liability in respect of the premises pertaining period prior to the date of this Agreement is found, in such event, the owners shall be solely liable and responsible to remove the defect or clear the liability or outstanding. But if the owners fails and/or neglects to clear the same, then without prejudice to the developer’s other rights herein and/or under the law the developer at his absolute discretion shall have the following option:-
- To remove the defect or clear the liability or outstanding by investing its own funds at the first instance and recover the same by selling such part of the owners’ allocated Area as be sufficient for the purpose of such recovery and adjust the sale proceeds in satisfaction of the claim of the developer.
- That the developers shall oversee and cause the formation of a society/association duly registered under the Apartment Owners’ Act by the individual Apartment Owners of the building complex, including the Owners for the purpose of arranging for the proper maintenance of the building complex and all its common areas, facilities, amenities.
- That in case the completion of the project is delayed and/or the entire project is jeopardized and rendered incapable of successful completion solely due to acts of willful negligence and/or laches by the owner, and any loss in occasioned as a consequence thereof to the developer, the owners shall be liable to compensate the same either by direct reimbursement to the developers or by way of adjustment from the sale of the owners allocated portion specified herein. Such loss, if any, however, shall have to be ascertained/determined by a Chartered Engineer before reimbursement is claimed from the owners, who shall not raise and dispute with regard thereto.
- That the owners if required upon seven days prior notice request of the developer shall be liable to attend the appropriate registration office(s) as and when notified by the developer for the purpose of signing and executing appropriate documents as per the instruction of the developers.
- That the owners if required shall be liable to execute all/any other/further documents, instruments, affidavits, ‘no objection’ endorsements etc. under the instruction of the developer that may become necessary at any time hereafter for the purpose of completing and effectually transferring apartments and share of common areas in respect of the Schedule property to the prospective purchasers and to attend any office/court/tribunal for the said purpose, without any remuneration or other compensation therefore.
On detailed scrutiny of the prayer portion of the complainant it is seen that prayer A, B, C & D relates to completion certificate of the building, cause the formation of a society/association duly registered under Apartment’s Owners’ Act, which are correlated and cannot be fully implemented until and unless O.P. No.3 & 4 extends fully full co-operation to O.P. No.2A & 2B as evinced from Article No.5, 5.21 and 5.24. To resolve the matter of dispute of enjoyment of custody electricity connection or to provide new electricity for the purpose of running the pump and to start lift facility. All the Ops, as well as, the complainants should work together in open mind and will extend full co-operation specially OP-3&4, as well as, OP- 2A & 2B. The other prayer portions are compensation and payment of entire outstanding amount towards the share of maintenance charges and litigation cost. In fact, prayer portion as mentioned in A, B, C & D relates to O.P. No.2A & 2B, for which the full co-operation including signature in various documents by O.P. No.3 & 4 was urgently required. But O.P. No.3 & 4 did not put their signatures or any co-operation was extended by O.P. No.3 & 4 as stated in written version and during course of argument by O.P. No.2A & 2B. As per Joint Venture Agreement it was the duty/obligation of O.P. No.2A & 2B to inform in writing to the O.P. No.3 & 4 for signature. Although no specific document is submitted by O.P. No.2A & 2B i.e. Developer asking O.P. No.3 & 4 for signature but it is crystal clear during argument that O.P. No.3 & 4 was not at all ready to put their signature as required in formation of society or completion certificate or electricity connection or lift facility.
Rather O.P. No.3 & 4 agreed to sign those documents as flat owners and not land owners as learnt during argument which will not serve the purpose. In fact, O.P. No.3 & 4 is already having three flats as flat owners. Even during compromise period the O.P. No.3 & 4 was ready to sign the documents as required to solve the problem as mentioned in prayer portion of A, B, C & D but agreed to sign as flat owners and not land owners which will not serve the purpose at all. As per joint venture agreement although O.P. No.2A & 2B was required to intimate O.P. No.3 and 4 for signing the documents in writing which was not done by O.P. No.2A & 2B to O.P.No. 3 & 4. But O.P. No.3 & 4 was completely aware of this requirement of signature since the filing of this case i.e. on 22.10.2013. But O.P. No.3 & 4 did not extend their help rather co-operation which caused huge suffering to the complainants and the same is a glaring example of deficiency in service on the part of O.P. No3 & 4.
Hence, it is
O R D E R E D
that O.P. No.3 & 4 are directed to hand over of the completion certificate from the appropriate authority within 90 (ninety) days from the date of passing of this order.
that the O.P. No.2A/2B and the O.P. No.3 & 4 are directed to make arrangement of formation of a Society/ Association and registration under Apartment Owners’ Act at the cost of O.P. No.2A & 2B as per terms of agreement.
that the O.P. No.2A & 2B and O.P. No.3 & 4 are directed to make arrangement of electricity connection in the name of the Society at the cost of OP No. 2A & 2B within 60 (sixty) days from the date of passing of this order.
that the O.P. No.2A & 2B will make arrangement of lift facility and cost will be borne by O.P. No.2A & 2B and the completion work will be done within 60 (sixty) days from the date of passing of this order.
that the O.P. No.3 & 4 will compensate the complainants @ Rs.20, 000=00 each as cost of mental harassment and agony within 30 (thirty) days from the date of passing of this order, in default, it will carry an interest @10% per annum for the default period.
that the O.P. No.3 & 4 will share proportionately the entire outstanding amount towards their share of maintenance charge already paid by the complainants within 30 (thirty) days from the date of passing of this order.
that the O.P. No.3 & 4 will pay litigation cost of Rs.20, 000=00 in total to the complainants within 30 (thirty) days from the date of passing of this order.
that the O.P. No. 2A, 2B, 3 & 4 will pay Rs. 40,000=00 to the Consumer Legal Aid Account, Burdwan within 30 (thirty) days from the date of passing of this order.
Failing of the directions as mentioned above, the complainants will be at liberty to put the entire decree into execution as per provisions of law.
Let a plain copy of this order be supplied to the parties free of charge.
(Asoke Kumar Mandal)
Dictated and corrected by me. President
DCDRF, Burdwan
(Durga Sankar Das)
Member
DCDRF, Burdwan
(Durga Sankar Das)
Member
DCDRF, Burdwan
