Debi Sengupta, Member.
The fact of the complaint case in a nutshell is that the complainants purchased one number flat admeasuring an area of 1306 [super build] bearing flat No.B on the fourth floor and two number shop room ad-measuring an area of 150.504 each [super built] on the ground floor bearing No. “U” and “N” of the premises known as ‘Swarna-Niketan’ situated at RS & LR Dag No.868 under LR Khatian No.1582 at Ratanpur Mouza with the ambit under Singur-2 No. Panchayet under Singur Police Station in the district of Hooghly.
That in terms and conditions as written in column No.6 of the Deed of Conveyance dated 11.12.2012 that outside repairing and maintenance and other expenses of the said multistoried building is made by appointing ownership association of the flat owners of the said building and in terms and common areas as written in the ‘Kha’ Schedule described in column No.Kha of the Deed of Conveyance dated 11.12.2012 that stair case, lift, electrical machineries and corridor is used by the flat owners of the said building. In the said Deed of Conveyance in column No.15 it is also written that proportionate cost and expenses is made by the purchaser of the said building in respect of first time electrical connection of the said building.
Be it mentioned here that the complainant No.1 carrying on business under the name and style of ‘Amply vision Cable & Broadband Services’ in respect of shop room bearing flat No.U & N on the ground floor of premises known as ‘Swarna-Niketan’ situated at RS & LR Dag No.868 under LR Khatian No.1582 at Ratanpur Mouza with the ambit under Singur-2 No. Panchayet under Singur Police Station in the district of Hooghly.
The complainants further state that opposite party has violated the terms and condition of contract as agreed with the complainants in respect of the deed of conveyance as written in the said deed of conveyance. In this context the complainants state that till date no lift have installed in the said building nor any steps for arrangement of installation of lift was made. The complainants faces lot of difficulties for using 4th floor flat of the said building. The opposite party also failed and neglected to take appropriate steps for formation of ownership association of the said building till date. The complainant further alleged that roof and outer wall of the portion of the complainants are totally damaged and rain water are falling from the roof and damaged inside wall and floor of the fourth floor flat of the petitioner. The opposite party also raised objection before the electrical authority for effecting electricity in the shop room No.U & N of the complainants though paid Rs.45,000/- to the opposite party for cost of electricity transformer. The complainant sent legal notice through his Ld. Advocate to the opposite party on 11.8.2017 for compliance of the terms and conditions of the agreement but opposite party failed and neglected to comply the conditions.
Finding no other alternative the complainants filed this case before this Forum for relief with a prayer to direct the opposite parties to install the lift in the building under the name of ‘Swarna-Niketan’ lying and situated at RS & LR Dag No.868 under LR Khatian No.1582 at Ratanpur Mouza within the ambit under Singur- 2 No. Panchayat, to take necessary steps for maintenance the roof and outside wall of the said building, to take necessary steps for formation of ownership association in the said building, to pay Rs.2,00,000/- towards compensation for breach of contract in respect of the conditions as laid down in the agreement and to pay litigation cost.
Decision with reason
After perusing the record it transpires from the prayer of the complaints that the opposite party did not install the lift in the building under the name and style of ‘Swarna Niketan’ and maintenance of the roof and formation of ownership association etc. The opposite party violated the terms and conditions as agreed by the opposite party which is written in the deed of conveyance. The opposite party has failed and neglected to take appropriate steps. The opposite party took Rs.45,000/- on 25.4.2014 from the complainants on account of electricity transformer in respect of flat and shop room but after elapsing of long period the complainant got the electricity from the distribution company. It is the responsibility of the opposite party to arrange electrification for the flat and shop room but though paid the money the complainant had to suffer huge monetary loss and without having electrical the human life is miserable. The complainants ventilated their grievance in various occasions but the opposite party did not pay any heed to the request of the complainant and have acted extremely negligently in attending the complainants and liable to compensate for loss and injury caused by the complainant and entitled to get relief as prayed for.
In view of the fact it is crystal clear that opposite party did not provide service to the complainant and failed and neglected to installation of lift and necessary steps for maintenance of roof of outside wall as laid down in the deed of conveyance.
So, it is fit case to hold that the complainant has proved the allegation of deficiency of service against the opposite party.
Notice of this case was duly served upon the opposite party but though opposite party appeared and filed vokalatnama and prayed for time for filing written version. But opposite party did not turn up. Time was given to the opposite party for filing written version but opposite party is very much reluctant to comply the order of the Ld. Forum. Hence, the case was taken up for exparte hearing.
In this connection to prove this case some documents have been filed by the complainant and the complainant tendering an affidavit-in-chief supported by an affidavit. Complainant filed brief note of argument. Other documents filed by the complainant i.e. Xerox copy of deed of conveyance, Xerox copy of deed of conveyance of the shop rooms mentioned in the schedule, Xerox copy of letter of the Ld. Advocate Jyotirmoy Das, Xerox copy of letter of Advocate Subhashis Mitra addressing to Mr. Jyotirmoy Das, Xerox copy of letters of Subhasish Mitra addressing to the Station Manager, Customer Care Centre, Singur, WBSEDCL and Xerox copy of track report. Hence, it is
Ordered
that the complainant’s case be and the same is allowed exparte against the opposite party.
The opposite party is directed to install the lift in the building immediately under the name of ‘Swarna Niketan’ as described in the schedule below. The opposite party is also directed to take necessary steps for maintenance the roof and outside wall of the said building and opposite party is further directed to pay Rs.1,00,000/- to the complainants for negligent and for non-taking steps for maintenance and various breach of contract as laid down in the deed of conveyance executed by the opposite party. The opposite party is further directed to comply the above order within 45 days from the date of this order i.d. Rs.50/- per day shall be deposited by the opposite party to the Consumer Legal Aid Account.
Let the copies of this order be supplied to the complainant free of cost.
