FINAL ORDER / JUDGEMENT

        The complainants, a septuagenarian couple, express severe concern about the deliverance of an incomplete flat and unsatisfactory services against O.P., Riverbank Developers. The Complts. report violence of General terms and conditions. The car parking area was open. The O.P. bifurcated the car parking into two and compelled the Complts. to accept the four-wheeler parking area.

       Charges were paid as per the statement. However, despite the amenities (like hospital, transport hub, grocery shops and others) promised by the O.P. in his broacher and advertisements, none were provided to the Complts. Inspite of several pursuances by the Complts., the car parking lot was not marked, the flat was not complete.

         The O.P. denied to admit his lapses and sent maintenance bills to the Complts., against the incomplete flat. The elderly couple also complained about the disruption of water supply for long hours, sudden disruption of lift services because of the lack of power backup. In all, the entire maintenance of the flat had fallen apart, aided by the strike of maintenance staffs due to non-payment of their salaries. Given the above factors, the Complts. have not been able to reside at their flat and seek different reliefs from this commission which are as under:-

1. To pay interest @ 18% from the date of payment of Rs. 23,59,751.
2. Further payment of interest @ 18% P.A. till date the O.P. completely provide amenities in every aspect.
3. Compensation of Rs. 5,00,000/- for mental agony for years of delayed scheduled delivery of flat.
4. Direction to the O.P. to raise maintenance bill from the date of completion of amenities in every respect.
5. Direction upon the O.P. to get registered the flat in question within one month from the date of final order.
6. Direction for necessary litigation cost including other reliefs.

It may be noted that O.P. though entered appearance in this case but did not file w.v. and ultimately case has been posted for ex-parte hearing.

Point for decision

Are the complainants entitled to get the reliefs as prayed for?

 Decision with reasons

               To prove their case complainants have tendered their evidence on affidavit and they also filed relevant photocopies of document in support of their case. We have gone through the said unchallenged evidence of the Complts. And the photocopies of documents filed by them.

                 It appears that Complts. have fully corroborated their case by their evidence on affidavit and connected photocopies of their documents.

                  It is pertinent to note that the evidence on affidavit of the Complts. became unchallenged and in that view of the matter, we are of the view that there is nothing to disbelief the unchallenged testimony adduced by the Complts. Thus, it is held that Complts’. case is proved and they are entitled to have reliefs as sought for.

              Hence,

                            It is,

                                          ORDERED

      That the instant case no. 286/2020 is allowed ex-parte with cost against the O.P.

    O.P. is hereby directed to pay interest @ 6% P.A. on the payment of Rs. 23,59,751/- which is paid by the Complts. and the said interest will be accrued on and from the date of payment of the Complts. within 30 days from the date of this order failing which a further payment of interest @ 9% P.A. will have to be paid by the O.P. to the Complts. till realoisation of the full payment.

    O.P. is directed to pay compensation of Rs. 50,000/- to the Complts. towards mental agony within 30 days from the date of this order.

    O.P. is further directed to raise maintenance bill from the date of completion of all amenities in every respect.

    O.P. is categorically directed to get the flat in question registered in the names of the Complts. before the concerned registration office within 30 days from the date of this order.

   O.P. is also directed to pay litigation cost of Rs. 10,000/- to the Complts. within 30 days from the date of this order.

    Let a plain copy of this order be given to the complainant free of cost.

    Dictated and corrected by me.

Sankar Kumar Ghosh

President, D.C.D.R.C.

Howrah.                   

                                 Babita Chaudhuri          Sankar Kumar Ghosh

                                         Member                            President

                                 D.C.D.R.C., Howrah          D.C.D.R.C., Howrah