In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No. 331/2010.
1) Sri Aditya Bhagat,
B-8, Arabinda Nagar,
P.S. Midnapore, Dist. Paschim Midnapore. ---------- Complainant
---Versus---
1) Sri Soumen Roy,
Prop. of Raj Construction,
52/D, Kankulia Road, P.S. Gariahat, Kolkata-29. ---------- Opposite Party
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Samiksha Bhattacharya, Member
Order No. 26 Dated 19-08-2013.
The case of the complainant in short is that complainant was the owner of a piece of land measuring about 3 cottahs 10 sq.ft. under Mouza Kankulia Panchanan Gram, Holding no.102, KMC Premises no.46, Kankulia Road, P.S. Gariahat, Kolkata-29.
Complainant obtained the aforesaid land measuring about 3 cottahs 10 sq.ft. being Premises no.46, Kankulia Road, P.S. Gariahat, Kolkata-29 from his deceased parents namely Annapurna Bhagat and Bijay Sankar Bhagat by a regd. deed of gift along with two storied building thereon and the aforesaid deed of gift was regd. on 26.3.01 at the office of the District Sub-Registrar Midnapore and recorded as Book no.1, Volume no.8, Page No.195 to 202, Being no.281 for the year 2001 and since the date of regn. of the above deed of gift the complainant became the sole and absolute owner of the aforesaid land with two storied building and the complainant seized and possessed the aforesaid land with building as sole rightful owner of the same.
Subsequently in the year of 2006 the complainant decided to develop his aforesaid land in form of multistoried building by demolishing his aforesaid existed old building and thereafter with such intention of development of his aforesaid land, the complainant started to search a good and financially sound developer for fulfilling his desire by raising a multistoried building upon his aforesaid land. After coming to know such intention of the complainant, the o.p. contacted and approached the complainant to develop the above land of the complainant in form of multistoried building and after preliminary discussion by and between the parties, the o.p. agreed to built up or raise a multi-storied building upon the land of the complainant by way of joint-venture project.
After satisfaction of the preliminary discussion the o.p. agreed to construct a multi-storied building in form of G+3 storied building on the aforesaid land of the complainant through his partnership business under the name and style of M/s Paj Construction having his office at52/D, Kankulia Road, P.S. Gariahat, Kolkata-29. Thereafter the complainant and the o.p. entered into a joint-venture agreement on 26.4.03 for making the development work on the aforesaid land of the complainant as per the sanctioned plan after demolition of the existing old building.
As per the aforesaid agreement dt.26.4.03 the complainant would obtain 50% of the available sanctioned floor area ration i.e. F.A.R. of the proposed building and it was settled by such aforesaid agreement dt.26.4.03 that the complainant would get the entire 1st floor and the 50% of the 3rd floor at the eastern side back portion and also 50% on the ground floor car parking space at the southern side and 50% of the roof of the western portion exclusively as rightful land-owner. Moreover, it was clearly mentioned at the aforesaid agreement dt.26.4.03 that the o.p. would construct two rooms / covered space and a latrine on the ground floor for the use of the owner i.e. complainant as his chamber and rest room as because the complainant is an advocate who is still practicing. Such owners allocation i.e. complainant’s allocation has been categorically mentioned in the schedule of the aforesaid agreement dt.26.4.03. The entire G+3 storied building with land situated at 46, Kankulia Road, P.S. Gariahat, Kolkata-29 which is referred to as the schedule “A” as more fully described in below.
O.p. constructed the project of G+3 storied building upon the complainant’s land after sanctioning the building plan from the KMC and subsequently the 1st floor and a single garage was delivered by the o.p. to the complainant. But o.p. has not handed over or delivered the two rooms and the latrine on the ground floor to the complainant till today by disobeying the aforesaid agreement dt.26.4.03. Even o.p. has not completed all the works of the project although the entire 2nd floor and the rest of the garage were already sold out and/or transferred in favour of Madhulike Roy Chowdhury and Arpan Roy Chowdhury who are in possession of the same at premises no.46, Kankulia Road, P.S. Gariahat, Kolkata-29. The complainant requested the o.ps. on several times to handover or deliver the vacant possession of the aforesaid two rooms and latrines i.e. schedule “B” property to the complainant but he has neglected or avoided to deliver the same. Then the complainant sent the letters dt.7.3.07 and 4.12.08 to the o.p. but the o.p. has not paid any heed to reply to the complainant. The value of the two rooms and latrine on the ground floor of the said premises is about Rs.4,90,000/-.
After sanctioning the building plan from the KMC the o.p. constructed G+3 storied building with various unfinished worked on the complainant’s land and the o.p. handed over and/or delivered the entire 1st floor and also a self-contained party has not provided and/or handed over the chamber and the rest room to the complainant till today even after repeated requested on the part of complainant. But o.p. did neither pay any heed of request of the complainant nor deliver and/or handover the aforesaid ground floor chamber and rest room to the complainant although the complainant has complied all works and formalities as per the agreement dt.26.4.03 and on the basis of compliance of the agreement dt.26.4.03 the complainant already paid entire amount of Rs.30,000/- to the o.p. which was acknowledged by the o.p. and that the amount was initially taken by complainant as security deposit for the construction of the project. Moreover, the o.p. has not totally completed the project an many unfinished work are still pending although the o.p. has already sold out the 2nd floor of the aforesaid building with car parking space. But o.p. is bound to obey the agreement dt.26.4.03 and so the o.p. is bound to deliver the ground floor two rooms or cover space with latrine to the complainant legally at 46, Kankulia Road, P.S. Gariahat, Kolkata-29. Hence the case was filed by the complainant with the prayer contained in the petition of complaint.
O.p. had entered his appearance in this case by filing w/v and denied all the material allegations labeled against him and prayed for dismissal of the case. Ld. lawyer of o.p. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.
Decision with reasons:-
We have gone through the pleadings of the parties, evidence and documents in particular and we find that Complainant obtained the aforesaid land measuring about 3 cottahs 10 sq.ft. being Premises no.46, Kankulia Road, P.S. Gariahat, Kolkata-29 from his deceased parents namely Annapurna Bhagat and Bijay Sankar Bhagat by a regd. deed of gift along with two storied building thereon and the aforesaid deed of gift was regd. on 26.3.01 at the office of the District Sub-Registrar Midnapore and recorded as Book no.1, Volume no.8, Page No.195 to 202, Being no.281 for the year 2001 and since the date of regn. of the above deed of gift the complainant became the sole and absolute owner of the aforesaid land with two storied building and the complainant seized and possessed the aforesaid land with building as sole rightful owner of the same.
After satisfaction of the preliminary discussion the o.p. agreed to construct a multi-storied building in form of G+3 stori4ed building on the aforesaid land of the complainant through his partnership business under the name and style of M/s Paj Construction having his office at52/D, Kankulia Road, P.S. Gariahat, Kolkata-29. Thereafter, the complainant and the o.p. entered into a joint-venture agreement on 26.4.03 for making the development work on the aforesaid land of the complainant as per the sanctioned plan after demolition of the existing old building.
O.p. constructed the project of G+3 storied building upon the complainant’s land after sanctioning the building plan from the KMC and subsequently the 1st floor and a single garage was delivered by the o.p. to the complainant. But o.p. has not handed over or delivered the two rooms and the latrine on the ground floor to the complainant till today by disobeying the aforesaid agreement dt.26.4.03. Even o.p. has not completed all the works of the project although the entire 2nd floor and the rest of the garage were already sold out and/or transferred in favour of Madhulike Roy Chowdhury and Arpan Roy Chowdhury who are in possession of the same at premises no.46, Kankulia Road, P.S. Gariahat, Kolkata-29. The complainant requested the o.ps. on several times to handover or deliver the vacant possession of the aforesaid two rooms and latrines i.e. schedule “B” property to the complainant but he has neglected or avoided to deliver the same. Then the complainant sent the letters dt.7.3.07 and 4.12.08 to the o.p. but the o.p. has not paid any heed to reply to the complainant. The value of the two rooms and latrine on the ground floor of the said premises is about Rs.4,90,000/-.
After sanctioning the building plan from the KMC the o.p. constructed G+3 storied building with various unfinished worked on the complainant’s land and the o.p. handed over and/or delivered the entire 1st floor and also a self-contained party has not provided and/or handed over the chamber and the rest room to the complainant till today even after repeated requests on the part of complainant. But o.p. did neither pay any heed of request of the complainant nor deliver and/or handover the aforesaid ground floor chamber and rest room to the complainant although the complainant has complied all works and formalities as per the agreement dt.26.4.03 and on the basis of compliance of the agreement dt.26.4.03 the complainant already paid entire amount of Rs.30,000/- to the o.p. which was acknowledged by the o.p. and that the amount was initially taken by complainant as security deposit for the construction of the project. Moreover, the o.p. has not totally completed the project an many unfinished work are still pending although the o.p. has already sold out the 2nd floor of the aforesaid building with car parking space. But o.p. is bound to obey the agreement dt.26.4.03 and so the o.p. is bound to deliver the ground floor two rooms or cover space with latrine to the complainant legally at 46, Kankulia Road, P.S. Gariahat, Kolkata-29.
In view of the findings above and on perusal of the entire materials on record we find that o.p. had sufficient deficiency in service being service provider to his consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the case is allowed on contest with cost against the o.p. O.p. is directed to execute and register the deed of conveyance of the room of the ground floor in favour of the complainant as shown in the schedule “B” property of the petition of complaint in respect of the ground floor of premises no.46, Kankulia Road, P.S. Gariahat including two rooms, covers space and latrine and is further directed to pay to the complainant compensation of Rs.50,000/- (Rupees fifty 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.
