This is a complaint made by (1) Sri Samir Kumar Das, son of late Dinesh Chandra Das and (2) Smt. Chhabi Das, wife of Sri Samir Kumar Das, both are residing at E/1/26, Santoshpur Avenue, P.S.-Survey Park, Kolkata-700 075 against (a)Sri Alok Chandra Bose, OP No.1, (b)Sri Ashoke Kumar Bose, OP No.2, (c) Sri Arup Kumar Bose, OP No.3 all are sons of late Adhir Chandra Bose, residing at 27/1J, Raipur Mondalpara Road, P.S.-Netajinagar, Kolkata-700 047, (d) Smt. Subhra Sarkar, wife of Santanu Sarkar, 3/192, Vidyasagar Colony, P.S.-Netajinagar, Kolkata-700 047, OP No.4, (e) Smt. Sukla Shome, wife of Sri Partha Shome, 180A, Charu Chandra Place East, P.S.- Lake, Kolkta-700 033,OP No.5 and (6) M/s. Jamscon India, proprietor of Sri Manti Chandra Das, A/109, Bapuji Nagr, P.
S.- Jadavpur, Kolkata-700 092, praying for (i) an order directing the OPs to arrange for registration of the ground floor flat measuring about 625 sq.ft. more or less at premises No.27/1J, Rajpur, Mondal Para Road, Kolkata-700 047, (ii) an order directing the OPs to handover the possession to the Complainant as per agreement dt.22.8.2016, (iii) an order directing the OPs to pay compensation of Rs. 50,000/- and (iv) litigation cost of Rs.50,000/-.
Facts in brief are that Complainants are purchaser of a self-contained flat, unit No.G1, comprising of an area of 625 sq.ft. a little more or less on the South Western side of the ground floor. OP No.1 to 5 are land-owners and OP No.6 is a developer of the land measuring about 4 cottahs 6 chittaks and 11 sq.ft. lying at Mouza Raipur, J.L.No.33, R.S.No.20/39, Touzi No.56, Khatian No.463, C.S.Dag No.1054, at Mondal Para Road.
OP No.1 to 5 entered into an agreement for sale on 22.8.2006 with Complainant for purchasing a flat measuring about 625 sq.ft. As per Clause 6 of the agreement for sale the OPs 1 to 6 completed the construction of the building within 9 months from the date of execution of the agreement for sale but did not hand over possession. As per the agreement dt.22.8.2006 OPs received Rs.3,25,000/- out of total consideration of Rs.3,50,000/-. The balance amount of Rs.25,000/- was to be paid by the Complainants at the time of handing over of physical possession. But, unfortunately, OPs did not hand over the physical possession and did not make conveyance deed. So, Complainants are facing difficulties in getting possession since 2008.
Since, 2008 Complainants requested on many occasions to hand over the possession and make registered deed, but of no use. Thereafter Complainants sent a legal notice to the OPs. But, nothing could happen. So, Complainant approached the Consumer Grievance Cell. But, no result could be yielded. So, Complainant filed this case.
On the basis of the above facts, complaint was admitted and notices were sent. But, despite receiving notices OPs did not appear and so the case was heard ex-parte.
Decision with reasons
Complainant filed affidavit-in-chief with documents.
Main point for determination is whether Complainants are entitled to the reliefs prayed by them.
On perusal of the prayer portion of the complaint, it appears that Complainants have prayed for possession of the flat and for its registration with compensation and litigation cost of Rs.50,000/- each. A Xerox copy of the agreement for sale is filed which reveals that there was an agreement between the parties for sale of the flat in the 2nd schedule of the said agreement for sale being 625 sq.ft.
Further, it appears that at the time of agreement OPs received Rs.50,000/-. In addition, we find a receipt dt.23.7.2006 which reveals that Complainant paid Rs.50,000/-. Further, a receipt dt.10.1.2007 reveals that Complainant paid Rs.75,000/-. Again on 24.7.2007 Complainant paid Rs.75,000/- and on 24.12.2007 Complainant paid Rs.1,25,000/-.
Annexure D is a letter written by the Complainant to the OP Branch Manager, State Bank of India, which reveals that OPs are not discharging their obligations. Thereafter, Complainant has also filed letter addressed to the Officer-in-Charge, Patuli P.S. and the Annexure E which reveals that he has informed his grievances to the P.S. Since the allegations of the Complainants remained un-rebutted and un-challenged we are of the view that the Complainant is entitled to the reliefs of possession and registration in their favour.
Further, Complainant has also prayed for compensation of Rs.50,000/- and litigation cost of Rs.50,000/-. In this regard, we are of the view that since Complainants are being harassed. OPs must be directed to pay compensation of Rs.20,000/- and litigation cost of Rs.10,000/- to the Complainant.
Hence,
ordered
CC/412/2016 and the same is allowed ex-parte in part. OPs are directed to hand over the possession of the flat within three months of this order and directed to register the flat by conveyance deed within this period. They are also directed to pay Rs.20,000/- as compensation and litigation cost of Rs.10,000/- within the same period.
