DATE OF FILING : 20-12-2013.
DATE OF S/R : 27-01-2014.
DATE OF FINAL ORDER : 21-07-2013.
Sri Bhaskar Chatterjee,
son of late Jogendra Nath Chatterjee,
residing at 39/4/2, Deshpran Sasmal Road, P.S. Bantra,
District – Howrah,
PIN – 711101.----------------------------------------------------------------- COMPLAINANT.
- Versus -
Riyajul Haque,
son of late Anarul haque,
residing at 24/2, Jolapara Masjid Lane,
P.S. & District – Howrah.
PIN – 711101.-----------------------------------------------------------------OPPOSITE PARTY.
P R E S E N T
President : Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.
Member : Shri P.K. Chatterjee.
Member : Smt. Jhumki Saha.
F I N A L O R D E R
1. The instant case was filed by complainant U/S 12 of the C.P. Act, 1986 wherein the complainant has prayed for direction upon the o.p. to complete the pending works as mentioned in para 16(b) of the schedule mentioned property wherein the complainant is in possession of a flat by virtue of purchase from the o.p. and to pay compensation of Rs. 8 lakhs for causing mental pain and prolonged harassment together with litigation costs of Rs. 25,000.
2. The o.p. in his written version admitted that due to Court Case ( T.S. 139 of 2010 pending before the Civil Judge, Jr. Division, 7th Court, Howrah ) the works of the flat might have remained unfinished.
3. Upon pleadings of both parties two points arose for determination :
i) Is there any deficiency in service on the part of the O.P. ?
ii) Whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
4. Both the points are taken up together for consideration. Admittedly the complainant is in possession of the suit flat by virtue of purchase from the o.p. Admittedly the o.p. agreed to deliver full finished flat within two years from the date of agreement. But unfortunately the flat handed over to the complainant is found considerably unfinished.
5. On scrutiny of the enclosures and the deed of agreement it is palpable that o.p. is guilty of gross deficiency in service and therefore it is a fit case where the prayer of the complainant shall be allowed. Both the points are accordingly disposed of.
Hence,
O R D E R E D
That the C. C. Case No. 444 of 2013 ( HDF 444 of 2013 ) be and the same is allowed on contest as against the o.p.
The O.P. be directed to complete the unfinished works within 60 days from the date of this order and to pay compensation to the tune of Rs. 50,000/- for causing mental pain and prolonged harassment within 30 days from the date of this order
The o.p. do further pay a sum of Rs. 5,000/- towards litigation costs to the complainant within the period as mentioned above.
The complainant is at liberty to put the decree into execution after expiry of the appeal period.
Supply the copies of the order to the parties, as per rule.
DICTATED & CORRECTED
BY ME.
( T.K. Bhattacharya )
President, C.D.R.F.,Howrah.
