Judgment : Dt.20.11.2017
Shri S. K. Verma, President.
This is a complaint made by one Archana Bera, daughter of Ram Bera, residing at 47, Sarat Bose Colony, P.O.-Haltu, P.S.-Garfa, Kolkata-700 078 against S.S.Construction, a proprietorship firm, having its office at 9,Haltu Ghosh Para, P.S.-Garfa, Kolkata-700 078, OP No.1 and Sri Sanjib Ghosh, son of Rabindra Nath Ghosh, proprietor of the S.S. Construction, residing at 9,Haltu Ghosh Para, P.S.-Garfa, Kolkata-700 078, OP No.2 praying for a direction upon the O.P. to hand over completion certificate of the said flat and further direction to execute a deed of conveyance in favour of the Complainant and compensation for Rs.5,00,000/- and litigation cost of Rs.50,000/-.
Facts in brief are that Complainant is a lady aged 53 years and a bachelor woman is a maid servant by profession. The financial condition of the Complainant is hand to mouth and by her small earnings she maintains herself. Complainant having a desire to own a house entered into an agreement for purchasing a one room flat with Sri Sanjib Ghosh, the proprietor of M/s S.S.Construction, a proprietorship firm, having its office at 9,Haltu Ghosh Para, P.S.-Garfa, Kolkata-700 078. As per that agreement dt.30.7.2014, the Complainant was to purchase a one room flat on the first floor, South West measuring 375 sq.ft. more or less super built up area of the building at KMC Premises No.71, K. P. Roy Lane, Kolkata-700 078, P.S.-Garfa, Ward No.105, for a total consideration of Rs.10,20,000/-. As per the agreement for sale, Complainant was liable to pay Rs.2,50,000/- at the time of execution of the agreement and rest amount to be paid by the Complainant in a phased manner till completion. Complainant always tried her best to pay the installment amounts towards purchasing of the flat as per the agreement. Accordingly, Complainant has paid total Rs.8,18,000/- and the date of giving possession as agreed was fixed April, 2015. But in spite of repeated requests, the developer did not complete the flat. The developer has given possession of the flat on 12.6.2016. But, in spite of repeated requests, developer did not execute the deed of conveyance. Having no other alternative, Complainant gave a legal notice. But the developer paid no heed to that. So, Complainant filed this case.
OP No.1 and OP No.2 filed written objection and denied the allegations of the complaint. There is no specific denial of these OPs against the allegations made in the complaint. OPs have prayed for dismissing the complaint by denying the allegations mentioned in the complaint.
Decision with reasons
Complainant filed a petition praying for treating the complaint petition as affidavit-in-chief. Against this OPs filed questionnaire and Complainant filed affidavit-in-reply. Thereafter, the OPs did not file evidence.
Main point for determination is whether Complainant is entitled to the reliefs as prayed for.
On perusal of the prayer portion, it appears that Complainant has prayed for execution of a conveyance deed in her favour and for handing over of completion certificate.
In this regard, there is a tripartite agreement for sale between owners S.S. Construction (Developer) and Archana Bera, purchaser. This agreement for sale reveals that a flat mentioned in the 2nd schedule was to be handed over to the Complainant. Further, it appears that the consideration money was Rs.10,20,000/-. The Complainant has filed Xerox copy of the receipts which reveal that she paid Rs.8,18,000/- and she has also received the possession. OPs did not rebut these allegations by conducing evidence. There is also no specific denial mentioned in the written version that OPs did not receive the money as alleged by the Complainant to the tune of Rs.8,18,000/-. OPs have also not denied that they did not hand over the possession. So, Complainant is entitled for a conveyance deed of the property as per agreement for sale in her favour an also for completion certificate. Complainant has prayed for compensation of Rs.5,00,000/- which appears to be excessive. However, she is entitled for compensation of Rs.50,000/- and litigation cost of Rs.20,000/-.
Hence,
ordered
CC/49/2017 and the same is allowed on contest. OPs are directed to make the conveyance deed within two months of this order and also hand over completion certificate within this period. They are also directed to pay compensation of Rs.50,000/- to the Complainant and litigation cost of Rs.20,000/- to her within this period, in default the amount shall carry interest of 10% p.a. from the date of this order.
