1. Mr. Gaurav Kumar,
2. Mrs. Usha Sinha,

                Both residing at Flat – 1BC, Mohini Mahal,

                226, Daspara, Shatabdi Park, Block – D,

                Mukundapur,  Kolkata-99.                                                                                 _________ Complainant

____Versus____

1. Shaw construction, represented by its partners

                (i)   Smt. Bharati Shaw,

                (ii)  Sri Manish Kumar Gupta,

                (iii) Sri Satish Kimar Shaw,

                All residing at 2, Dr. A.M.O. Gani Road,         

                2^nd Floor, Flat No.-7, P.S. Karaya, Kolkata-17.

2. Tapas Kumar Chakraborty,

Flat.    Mohini Mahal, 226, Daspara, Shatabdi

Park, Block – D, Mukundapur,  Kolkata-99.                                                                   ________ Opposite Parties

Present :                Sri Sankar Nath Das, Hon’ble President

                                Smt.  Samiksha Bhattacharya, Member

Order No.   20    Dated   27-04-2015.

            The case of the complainant in short is that complainants reached an ‘Agreement For Sale’ on 26.1.10 between Sri Tapas Kumar Chakraborty, o.p. no.2 represented by his Constituted Attorney Sri Satish Kumar Shaw and the developer to wit, Shaw Construction represented b y its 3 partners for the purchase of a flat in Mohini Mahal vide flat no.1BC, south-east north side of he three storied building measuring super built area of 1077.26 sq.ft. (more or less) consisting of 3 bedrooms, one dining-cum-living, two toilets and one kitchen together with undivided proportionate share in land and the benefit of common areas and facilities as usual at 226, Daspara, Shatabdi Park, Block-‘D’, Mukundapur, Kolkata-99.

                The total built up area of 1077.26 sq.ft. is the summation of two separate adjacent flats to wit, flat no.1B, having super built up area of 415.43 sq.ft. and flat no.1C having super built up are of 661.83 sq.ft.

                The total consideration price was decided upon as Rs.12,80,000/- for the two adjacent flats having re-numbered as 1BC.

                The earnest money or part payment a sum of Rs.4 lakhs was paid by A/C Payee cheque dt.26.1.10 on the date of signing the Agreement for Sale. Complainants paid up the balance money Rs.8,80,000/-. Complainants paid an extra amount of rs.2,28,000/- to o.p. on different occasions to be retuned as soon as 1 or 2 flats are sold.

                O.p. issued Possession Letter dt.20.4.10 awarding us the ‘peaceful and vacant’ possession of the flat save referring te mater of re-payment of loan of Rs.2,28,000/-.

                One planner engineer measured the flat and calculated the carpet area to be 686 sq.ft. and built up area to be 802 sq.ft. The total build up area shown by o.p. for the flat in the 1^st floor stands to 1738 sq.ft.

                In fact and reality the carpet area is 686 sq.ft. and built up area is 802 sq.ft. at best while the o.p. asserts the covered area to be 816 sq.ft. Then if the proportionate area of the staircase be added then it may be at best be 30 sq.ft. So the super built up area may be at best 850 sq.ft.

                There is a difference of 391 sq.ft. between carpet area and super built up area meaning enhancement of 57% over carpet area. The built up area and the super built up area are almost alike which may be carpet area + 20% that stands to 823 sq.ft.

                Complainants issued a letter to o.p. for redressal and o.p. acknowledged the same and without any redressal issued the complainants a letter dt.21.2.11 for arranging to execute the deed of conveyance.

Decision with reasons:

                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.

                We have gone through the pleadings of the parties, evidence and documents in particular and we find that o.ps. stated that complainants approached for a flat in the project and after thorough searches and after going through all documents agreed to purchase and entered into an agreement on 20.1.10 and complainants agreed to purchase two flats in the first floor being flat no.B & C measuring 1077 sq.ft. super built area at a consolidated consideration of Rs.12,80,000/- and o.ps. admitted that complainants paid the said sum and possession was handed over on 20.4.12.

                On perusal of the record we find that complainants are in possession of the flat after payment of due consideration amount and we also find that there is deficiency in service on the part of o.ps. and complainants have been able to prove their case and are 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 execute and register the deed of conveyance in respect of the flat in question in favour of the complainants and are further directed to pay to the complainant a sum of Rs.2,28,000/- (Rupees two lakhs twenty eight thousand) only being the additional amount paid by complainants 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.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 10% p.a. 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.