FINAL ORDER/JUDGEMENT
Smt. SAHANA AHMED BASU , MEMBER.
The case of the complainant, in a nutshell, is that the complainant booked a flat at 130/1/1A , Sarat Ghosh Garden Road , Post Office – Dhakuria , P.S. – Kasba , Kolkata – 700031 , measuring 700 Sq.ft. built up at the 1st floor of the building at total consideration of Rs.16,50,000/- out of which Rs.12,35,000/- was paid against accountable receipt and it was agreed that the balance of Rs.4,15,000/- shall be paid at the time of registration and the complainant was allowed to take possession of the said flat but was assured that the registration shall be completed soon. After taking possession the complainant found that the flat is shorter by 50 Sq.ft. from the agreed area and informed the OPs about it but no avail. Moreover, the complainant found so many jobs of the flat remained incomplete and the OPs did not listen to that. So the complainant by spending a sum of Rs.6,50,000/- has installed those. OPs are liable to pay the abovementioned amount. The complainant is ready for registration but the OPs are found skipping. Finding no other option the complainants are compelled to file the case before this Ld. Commission.
Despite received of notice OPs 1, 3 & 4 did not appear to defend their case and in respect of OP2 notice is published in the daily newspaper but OP2 did not turn up to contest the case. As such, the case has proceeded ex parte against the OPs .
Decision With Reason
On perusal of the materials on record furnished by the complainants it is found that the complainants had entered into an Agreement For Sale with OPs on 07.06.2018for purchasing a flat measuring 700 sq.ft super built up area at 130/1/1A , Sarat Ghosh garden Road , P.O. – Dhakuria , P.S. – Kasba , Kokata – 700031 at a total consideration of Rs.16,50,000/-. The complainant Paid an amount of Rs.12,35,000/- and it was agreed between the parties that the balance amount of Rs.4,15,000/- shall be paid at the time of registration . A memo of consideration of Rs.2,00,000/- is annexed with the complaint petition by the complainant . The complainant submitted that the possession of the said flat handed over to them by the OPs and after taking the possession the complainants found that the flat is not only shorter by 50 sq.ft. from the agreed area but it is also incomplete . The complainants convey their grievance to the OPs. But Ops did not bother to communicate with the complainants . Therefore , the complainant had to spent a sum of Rs.6,50,000/- to make the said flat habitable by doing jobs like (a) water connection , (b) sewer , (c) drain , (d) electric connection with fittings and fixtures ,( e ) and many other jobs . All the receipts of those expenditure made by the complainant in this regard is adduced as annexure ‘C’ . Lastly ,the complainant issued a legal notice dated13.08.2020 was sent to the OPs for registering the said flat and by returning the cost of 50sq.ft which was not replied by the OPs .
We do not find any reason why the OPs handed over the said flat 50sq.ft less than the agreement area and neglected to take any positive steps to complete the registration of the said apartment .Therefore ,we hold that the OPs demonstrated a gesture of deficiency in service and indulged in unfair trade practice . OPs have also caused harassment , mental pain and agony to the complainants .
Complainants corroborates their case by adducing evidence on affidavit and producing documents. The evidence of the complainants remain unchallenged and uncontroverted. In absence of any contrary and controverting materials on record and having regard to the documents on record , we are of the opinion that the complainants have been able to prove their case . As such , the complainants are entitled to get relief as prayed for .
Ordered
That the complaint case be and the same is allowed ex parte against the OPs with litigation cost of Rs.10,000/- (Rupees Then Thousand ) only to the complainant .
OPs are jointly and severally directed to make all arrangement as for registration of the said flat and to complete the registration within 30 days from the date of this order .
OPs are jointly and severally directed to pay Rs.25000/- (Rupees Twenty Five Thousand ) only to the complainant for causing harassment , mental pain and agony within stipulated period .
Liberty be given to the complainant to put the order in execution , if the OP transgress to comply the order .
