J U D G E M E N T

Bibekananda Pramanik, President – This consumer complaint under section 12 of C.P. Act., 1986  has  been  filed  by  the  complainant

             Sri Abhishek Sharma against the above named O.Ps. alleging deficiency in service on their part.

      Complainant’s case in brief is as follows :-

    O.ps. are the developers/owners in respect of a property situated at premises 3, Joy Narayan Ghosh Lane, Salkia, P.S. – Golabari, District – Howrah whereupon a residential project was being carried on by them. Being attracted with the proposed construction of the said building, the complainant by making payment of Rs.51,000/- booked a residential flat measuring 550 sq.ft on the 3^rd floor of the said building. After such payment the complainant entered into an agreement for sale of the said flat at a consideration of Rs.14,00,000/- with the O.ps. Thereafter on different dates starting from 27.11.2014 till 10/03/2016 the complainant paid by cash and by cheque a total sum of Rs.11,12,000/- to the O.ps. out of the total consideration money of Rs.14,00,000/-. By the said agreement the O.ps. agreed to complete the project and to make delivery of the flat within 12(twelve) months i.e. within November, 2015. Subsequently the complainant came to know that the O.ps. had sold out the said flat to some other person and therefore on 10/03/2016 the O.ps. entered into a new agreement for sale with the complainant in respect of another flat measuring 550 sq.ft at a total consideration of Rs.14,00,000/- and in the said agreement the Advance amount of Rs.11,12,000/- was adjusted. After long delay the complainant was given possession of the said flat incomplete condition. After taking possession of the flat the complainant invested a sum of Rs.60,253/- for making the flat habitable condition. After taking possession of the flat the complainant took measurement of the flat by a surveyed and it was found that the said flat was 400 sq.ft and there is still deficit of 150 sq.ft from the agreed area. In spite of request by the complainant, the O.ps. did not complete the construction of the flat and they also did not execute sale deed in favour of the complainant. Hence the complainant, praying for directing the O.ps. to complete the pending works of the flat and to execute the register of sale deed in favour of the complainant and for other reliefs.

In spite of service of notice, the O.ps. did not appear for which the case was ordered to be heard ex-parte. Hence the ex-parte hearing.

Point for decision

Is the complainant entitled to get the reliefs as prayed for?

Decision with reasons

To prove his case, the complainant has tendered a written examination-in-chief of himself supported by affidavit apart from producing all necessary documents in support of his case.

    We have gone through the evidence on oath of the complainant and the relevant documents and found that the complainant in his written examination-in-chief has fully corroborated his case of the petition of complaint and the documents filed by him also lend support to the case of the complainant. So in view of the said evidence of the complainant, remaining un-challenged, it is held that the complainant’s case is proved and he is entitled to get the reliefs as prayed for. Hence,

it is,

O r d e r e d

that the complaint case no.127/2018 is allowed ex-parte with cost against both the O.ps. O.ps. are directed to complete the pending works of the said flat in question within 3(three) months from this date of order and they are further directed to execute a register sale deed of the said flat in favour of the complainant within 6(six) monthly from the date of this order.

 O.ps. are further directed to refund excess amount of Rs.93,818/- and to pay Rs.60,253/- to the complainant which the complainant has incurred to make the flat habitable. O.ps. are further directed to pay Rs.50,000/- as  compensation and Rs.10,000/- as litigation cost to the complainant.

All such payment shall be made by the O.ps. to the complainant within 6(six) months from the date of this order.

    Let plain copy of this order be given to the complainant free of cost.

Dictated  &  corrected by   me.

(Bibekananda Pramanik)

President, D.C.D.R.F.,

Howrah.