In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No. 463/2009
1) Mr. Ashish Kumar Ghora,
3B, 3rd floor, Park Side Residency,
7, Canal Street, Entally, P.S. Entally, Kolkata-14. ---------- Complainant
---Versus---
1) Regenthirise Pvt. Ltd.
207, Acharaya Jagadish Chandra Bose Road, Kolkata-17.
2) Srijan Projects Pvt. Ltd.
10/4B, Lala Lajpat Roy Sarani, Elgin Road,
Kolkata-20, P.S. Bhowanipur. ---------- Opposite Parties.
Present : Sri Sankar Nath Das, President.
Smt. Sharmi Basu, Member
Order No. 31 Dated 24/12/2012.
The petition of complaint has been filed by the complainant Mr. Ashish Kumar Ghora against the o.ps. Regenthirise Pvt. Ltd. and another. The case of the complainant in short is that complainant by an agreement dt.12.7.02 came with the relation of o.p. nos.1 and 2 with a view to purchase a flat at 3rd floor containing by admeasurements of 1474 sq.ft. at premises no.7, Canal Street, Kolkata-14, having better specifications of construction and accordingly after observing the schedule of upgraded / better specification of this constructions the complainant wanted to purchase the said flat for peacefully living.
Complainant for this above flat paid the o.ps. full consideration amount both personally and taking loan from the bank which the o.ps. duly received the same. Complainant states that he got the possession of this ownership flat on May, 2006 and on 25.4.09 the plaster from the ceiling of the car parking area had come off which resulted the heavy damage of the car.
Complainant also tried to contact the o.ps. by a letter dt.2.5.09 stating the facts and heavy loss but o.ps. have no liability or duty towards the claim of the complainant and even has no common sense in respect of reply of the letter dt.2.5.09. This is the deficiency in service on the part of o.ps. Hence the case was filed by complainant with the prayer contained in the petition of complaint.
Both the o.ps. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.ps. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.
Decision with reasons:-
We have gone through the pleadings of the parties, evidence and documents in particular and we find that the complainant purchased a flat from o.psa. and complainant is in possession of the flat in question. Further case of the complainant is that being allured by the assurance of o.ps. that o.ps. will supply better quality of materials at the time of construction of the said flat. Further it is apparent from the record that on 25.4.09 plaster from ceiling of the car parking space fell on the car of the complainant resulting in huge damage to the said car and for which complainant had to incur huge amount to repair the damage.
On careful scrutiny of the entire materials of the record we find that o.ps. had deficiencies in service being service provider to their consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the case is allowed on contest with cost against the o.ps. O.ps. are jointly and/or severally directed to pay a sum of Rs.50,000/- (Rupees fifty thousand) only for the damage of the car of the complainant and are further directed to pay compensation of Rs.30,000/- (Rupees thirty thousand) only for harassment and mental agony and litigation cost of Rs.10,000/- (Rupees ten thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost.
