West Bengal

Bankura

CC/4/2019

Sri Binod Kumar Pathak - Complainant(s)

Versus

Smt Pampa Bhattarcharjee - Opp.Party(s)

Durgaprasad Sarkar

22 Feb 2024

ORDER

IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, BANKURA

                                                                 

Before:                                        

1. Samiran Dutta                            Ld. President.      

2. Siddhartha Sankar Bhui            Ld. Member.                                    

 

(1) Consumer Complaint No. 04/2019 [Date of Filing: 25/01/2019]

Complainant 

Sri Binod Kumar Pathak, S/o- Kate Suchand Chandra Pathak, original resident of Vill.-Boursole, P.O.-Tilaboni, P.S.-Simlapal, District Bankura, Owner and resident of Flat No. 04 located in the First Floor containing a total super-built up area of 784 sq.ft.(approx) comprised Holding No.284/B/8/65/2, Ward no. 15, Circle No. 11 of Kenduadihi Mahalla, under Bankura Municipality, situated at Kenduadidhi, P.O.Kenduadihi, P.S.& Dist.- Bankura, Pin.- 722102          

Vs

Opposite Party

1.Smt. Pampa Bhattacharyya, wife of Kingshuk Bhattacharyya, resident of Cemetery Road, P.O., P.S. & Dist-Bankura, Pin- 722 101.

2.Sri Sujit Kumar Patra, son of Sri Nonigopal Patra, resident of Vill Koyabad, P.S. Indpur, District Bankura, Pin- 722 101.

3.Sri Shimonto Chowdhury, Son of Late Rabindranath Chowdhury, resident of 11, Netai Babu Lane, Kolkata- 7000012.

4.ABAYAB INFR PVT. LTD. a Company constituted and represented by its above named three directors, carrying on its business in real estates as Promoters/Developers, having its Place of Business and office at Cemetery Road, Bankura, P.O., P.S. & Dist-Bankura, Pin-722101. (Principal O.P.)

5.   The Councilors of Bankura Municipality, Bankura Town, P.O., P.S. &    Dist- Bankura, Pin- 722 101. (Proforma Opposite Party)

with

(2) Consumer Complaint No. 05/2019 [Date of Filing: 25/01/2019]

Complainant 

Sri Apurba Patra, S/o- Ranjan Kumar Patra, original resident of Vill-Vangahar, P.O.-Masanjhar, P.S.-Kharta, District Bankura, Owner and resident of Flat No. 08 located in the Second Floor containing a total super-built up area of 850 sq.ft.(approx) comprised Holding No.284/B/8/65/7, Ward no. 15, Circle No. 11 of Kenduadihi Mahalla, under Bankura Municipality, situated at Kenduadidhi, P.O.Kenduadihi, P.S. & Dist.- Bankura,           

 Vs

Opposite Party

1.Smt. Pampa Bhattacharyya, wife of Kingshuk Bhattacharyya, resident of Cemetery Road, P.O., P.S. & Dist-Bankura, Pin- 722 101.

2.Sri Sujit Kumar Patra, son of Sri Nonigopal Patra, resident of Vill Koyabad, P.S. Indpur, District Bankura, Pin- 722 101.

3.Sri Shimonto Chowdhury, Son of Late Rabindranath Chowdhury, resident of 11, Netai Babu Lane, Kolkata- 7000012.

4.ABAYAB INFR PVT. LTD. a Company constituted and represented by its above named three directors, carrying on its business in real estates as Promoters/Developers, having its Place of Business and office at Cemetery Road, Bankura, P.O., P.S. & Dist-Bankura, Pin-722101. (Principal O.P.)

5.   The Councilors of Bankura Municipality, Bankura Town, P.O., P.S. &    Dist- Bankura, Pin- 722 101. (Proforma Opposite Party)

 

                                                                                                                                                                                    Contd……p/2

Page:2

with

(3) Consumer Complaint No. 06/2019   [Date of Filing: 25/01/2019]

Complainant 

Sri Arabindra Patra, Son of Late Amulya Ratan Patra, S/o- Ranjan Kumar Patra, original resident of Vill-Vangahar, P.O.-Masanjhar, P.S.-Kharta, District Bankura, Owner and resident of Flat No. 08 located in the Second Floor containing a total super-built up area of 850 sq.ft.(approx) comprised Holding No.284/B/8/65/7, Ward no. 15, Circle No. 11 of Kenduadihi Mahalla, under Bankura Municipality, situated at Kenduadidhi, P.O.Kenduadihi, P.S. & Dist.- Bankura    

Vs

Opposite Party

1.Smt. Pampa Bhattacharyya, wife of Kingshuk Bhattacharyya, resident of Cemetery Road, P.O., P.S. & Dist-Bankura, Pin- 722 101.

2.Sri Sujit Kumar Patra, son of Sri Nonigopal Patra, resident of Vill Koyabad, P.S. Indpur, District Bankura, Pin- 722 101.

3.Sri Shimonto Chowdhury, Son of Late Rabindranath Chowdhury, resident of 11, Netai Babu Lane, Kolkata- 7000012.

4.ABAYAB INFR PVT. LTD. a Company constituted and represented by its above named three directors, carrying on its business in real estates as Promoters/Developers, having its Place of Business and office at Cemetery Road, Bankura, P.O., P.S. & Dist-Bankura, Pin-722101. (Principal O.P.)

5.   The Councilors of Bankura Municipality, Bankura Town, P.O., P.S. &    Dist- Bankura, Pin- 722 101. (Proforma Opposite Party)

 

 

For all the Complainants: Ld. Advocate: Durgaprasad Sarkar /Jayanta Kumar Mukhopadhyay

For the O.P. (Builders)1 to 4: Ld. Advocate Manik  Biswas

For the O.P.5/Bankura Municipality: Ld. Advocate Sandip Banerjee

                                                                                                                                                                                       Contd……p/3

Page:3

 

JUDGEMENT  

Dated:22-02-2024

All the above mentioned cases are taken up together for disposal by delivery of a common Judgement as the facts are common to all the cases.

The Complainants’ cases are that they are purchasers of different flats described in Schedule-A to respective petition of complaint under respective Deed of Conveyance executed and registered during the Year- 2015 by O.P.s jointly in terms of the respective Agreement for sale entered into by and between the parties during 2013/2014 and have been in possession of respective flat with common facilities and services. It is the specific allegation of respective Complainant that the O.P.s / Builders have illegally constructed one Garrage in the said Apartment as described in Schedule-B to the respective petition of complaint beyond the terms and condition of the Agreement and without approval and sanction from the Bankura Municipality/Proforma O.P.No.5. Their further grievance is that common facilities and services for enjoyment of the respective flat as described in Para 8(b) of the petition of complaint have not been provided to the Complainants as per Agreement for sale. The Complainants have therefore approached this Commission for appropriate relief.

O.P. No.2 & O.P. No.3 separately filed written version to contest the case denying all the material allegations made in the petition of complaint praying for disposal of the case.

                                                                                   -: Decision with reasons: -

Having regard to the facts of the case, submission, contention and documents on both sides the Commission finds that as per general terms and condition of the Agreement for sale of the flat which is on record complains if any regarding fittings and fixture etc. provided in the apartments will be required to be brought to the notice of the O.P.  within 15 days after taking over possession of the apartment. In this case parties entered into Agreement for sale with the O.P. during 2013-14 and got their respective flat executed and registered by the O.P.s  during 2015. But the instant case has  been filed on 25/01/2019 long after four years with the allegation of deficiency in service but in view of Section11(4)(a) of the Real Estate (Regulation & Development) Act,2016 the O.P.s have the obligation and liabilities to provide common services only as per Agreement for sale but as stated above  the stipulation of the general terms and condition of the Agreement  has created a time bar to avail of such common services and as such the Complainants are not entitled to the common services as prayed for. However it is an admitted fact that Completion Certificate to be issued by the Bankura Municipal Authority/Proforma O.P.No.5 has not been provided to the respective Complainants. The Commission will not however go into  the merits of unauthorized and illegal construction  of Garrage as complained by the Complainants as the Commission has no jurisdiction to go into the validity of the approval and sanction for construction of such Garrage and the respective Complainants are  at liberty to approach the competent authority for appropriate relief.

                                                                                                                                                                                 Contd……p/4

Page: 4

As stated above no Building Completion Certificate has so far been issued in respect of the apartment in question and in view of Section 11(4)(b) of the Real Estate (Regulation & Development) Act,2016 it is the responsibility and liability of the O.P./Builders  to obtain Building Completion Certificate from the competent authority and make it available to the respective allottees of flat. The O.P./Builders must comply with the said legal formalities otherwise they have to pay compensation to the Flat Owners.

 

Hence it is ordered……..

That all the above mentioned cases be and the same are disposed of on contest by directing the O.P./Builders to obtain necessary Building Completion Certificate to be issued by Bankura Municipal Authority/Proforma O.P.No.5 after observing all legal formalities  and to furnish the same to respective Flat Owners within three months from this date in default O.P./Builders jointly and severally have to pay compensation to the Complainants/Flat Owners Rs. 1 Lakh each.

Both parties be supplied copy of this order free of cost.

 

 ____________________                _________________         

HON’BLE   PRESIDENT           HON’BLE MEMBER