Order No. 16 / Dated 25/07/2016.
This is an application u/s.12 of the C.P. Act, 1986.
Complainant, by filing this complaint states that she purchased a flat measuring 380 sq. ft. super built up area on the north east side of the building being premises No.176, M. B. Road, Ward No.-13, North Dum Dum Municipality from the O.P. by and under a registered deed of conveyance dated 12/05/2015. After full payment complainant was given possession. But the flat is not in habitable condition. There is no electric meter under the owner’s name. There is one valid meter in the premises and it is shared by all flat owners except the complainant. Though the flat is in complainant’s possession, she is yet to receive possession letter. The promoter before giving possession to complainant took out one tap of shower and seal cover of the commode but after several persuasions those fittings were not replaced, plastering of windows is not completed. The tiles of the rooms are not fitted properly. One Mr. Gopal Sarkar demanded Rs.10,000/- from the complainant. She was told that if the complainant fails to pay the sum she won’t get a valid meter, but the complainant declined to pay Rs.10,000/- to Said Gopal Sarkar illegally. In spite of having a flat complainant and her mother are compelled to stay at her elder brother’s place. Once full payment of the flat is made the O.P. did not pay heed to complainant’s request. Promoter does not intend to complete the pending works and bring an electric meter from West Bengal State Electricity Board under her name. As a result complainant prays for completion of pending works of the flat in question. Complainant also prays for installation of valid electric meter in her name, compensation for her harassment and mental agony of Rs.3,00,000/-.
In the written version the O.P. Promoter denies all the allegations made against him by the complainant.
O.P. states that complainant purchased flat at 176, M.B. Road, Kolkata-700051 knowing fully well that there are some pending works including the electric connection for the owners in the flat. As such she does not have any reason to grumble. On 02/05/2015 O.P. has applied for new electric connection for the building before the Station Manager, WBSEDCL and deposited application money for new connection being Memo No.1002636195/App-Rect/01 dated 25/04/2015. Finally WBSEDCL released the quotation money. O.P. is arranging to deposit the money. O.P. states that in the deed of conveyance it was clearly stated that complainant shall have the right to sale, transfer, mortgage for residential purpose only and other flat owners shall have no right to give objection. This is as good as possession letter. Further O.P. states that pending works could not be done due to blockage of Rs.05,23,015/-with the flat owners. O.P. denies that there is illegal construction on the 2nd floor. O.P. prepared a revised building plan. O.P. denies that the building has been built inefficiently. O.P. states that no question of deficiency in service arises because O.P. admitted his inefficiency in completing pending works.
Decision with Reasons
On proper evaluation of the materials on record and the complaint, written version and E/Chief including money receipts, copy of agreement for sale it is evident that the complainant purchased a flat on 2nd floor at 176, M.B. Road, Kolkata-700051. Complainant made full payment of the consideration money i.e. Rs.6,00,000/- but she did not get the flat in habitable condition. It is admitted by the O.P. in written version that there is some pending works in the flat due to blockage of Rs.5,23,015/- with other flat owners, but complainant is not liable for that. Complainant paid in full. It is the developer’s liability to handover a complete flat not an incomplete one. But complainant is still suffering for the O.P.’s reluctant attitude. O.P. is not completing the pending works and this compel the complainant to live at her relative’s place. It is undoubtedly deficiency in service.
It is evident from the money receipt and O.P.’s written version that no amount is outstanding and complainant was also given possession but complainant cannot live there along with her ailing mother because there is no electric connection. There is one meter in the complex and all the flat owners are sharing that meter. Complainant is not ready to accept this because she would have less consumption from the other flat owners. It is not a proper arrangement that there would be only one meter. Complainant after paying in full cannot reside there. There is no utility of giving possession. O.P. must be penalized for such an unfair trade practice.
Complainant has become a victim of O.P.’s coercive attitude. O.P. has no urgency in completing the pending works so that complainant can live peacefully. O.P. is not ready to hear the complainant because she paid in full and applied to the Consumer Forum. Complainant is suffering day by day and finds no hope of setting an electric meter and getting the pending works done. Because O.P. did not deposit the quotation money.
In view of the fact O.P. is liable to pay compensation to the complainant for causing sufferings and mental agony
In result, the case succeeds.
Hence,
Ordered
That the case be and the same is allowed on contest against the O.P. with a cost of Rs.10,000/-.
O.P. is directed to complete the pending works of the flat in question and instal the electric meter for complainant’s flat within one month from the date of this order.
O.P. is directed to pay compensation of Rs.30,000/- to the complainant for causing harassment, mental pain and agony within the said stipulated period.
Complainant is at liberty to put this order into execution as per Law if not complied by the O.P. and in that event O.P. will be liable to pay penalty at the rate of Rs.100/- per diem paid to this Forum till full and final satisfaction of the decree.
