DATE OF FILING : 01.07.2014.
DATE OF S/R : 05.08.2014.
DATE OF FINAL ORDER : 27.08.2015.
Sri Ashok Sharma,
son of Sri Motilal Sharma,
residing at 45/2, Swami Vivekananda Road, P.S. Shibpur,
District Howrah………………………………………………….. COMPLAINANT.
1. Sri Arun Kumar Singh,
son of late Ramakant Singh,
residing at 295/4/1, Netaji Subhas Road,
Howrah 711101.
2. Md Sarfaraj,
son of Shabuddin,
resding at 26, Alam Mistry Lane,
District Howrah,
PIN 711101. ………………………………………………OPPOSITE PARTIES.
P R E S E N T
Hon’ble President : Shri B. D. Nanda, M.A. ( double ), L.L.M., WBHJS.
Hon’ble Member : Smt. Jhumki Saha.
Hon’ble Member : Shri A.K. Pathak.
F I N A L O R D E R
- This is an application U/S 12 of the C. P. Act, 1986 ( as amended up to date ) filed by the petitioner, Ashok Sharma, against, o.p., Arun Kumar Singh, and Md. Sarfaraj, praying for a direction upon the o.ps. to complete the pending work being inside outside plaster, interior walls with plaster of paris, installation of main door and window frame and installation of windows with steel frame, floor, completion of kitchen, bath room, electric wiring and outside colour pain and also directing the o.ps. to pay compensation of Rs. 500/- per day for 400 days delay and to pay Rs. 2 lakhs for causing mental harassment and Rs. 10,000/- as litigation costs.
- The case of the petitioner is that the o.p. nos. 1 & 2 are landlords / developers in respect of land measuring 3 cottach 13 chittak situated in the Howrah Municipality holding no. 45/2, Swami Vivekananda Road, P.S. Shibpur, Howrah, and the petitioner was a monthly premises tenant in respect of the said holding wherein petitioner was in occupation of 549 sq. ft. of the building for residential purpose and partly for his electrical business for maintaining livelihood. The petitioner entered into the agreement with the o.p. for purchasing a flat at the ground floor of the said holding measuring about 400 sq. ft. carpet area that is excluding the super built up area @ Rs. 500/- per sq. ft. The o.ps. agreed to hand over his flat within nine months from the date of hand over possession and if the o.ps. failed then they would next payment of Rs. 500/- per day for the daily and accordingly on 11.7.2012 the petitioner handed over the tenanted portion of his possession in favour of o.ps. and he shifted to another tenanted room.
- Even after expiry of 19 months from the date of shifting the flat the petitioner asked the o.p. to handover possession and the o.ps. denied to handover possession of the flat and execution and registration of the sale deed and told that they would sell to 3rd party at a higher price. Then with the help of local people and police the petitioner took possession of the unfinished flat. The o.ps. threatened to oust him to the said flat. There was a lot of pending work in the said flat as mentioned in the first paragraph and the said compel the petitioner to file the case with the aforesaid prayers.
- The o.ps. appeared in the case and contested the same by filing a written version denying the allegations made in the petition and submitted that this case is not maintainable in the eye of law and is also barred by limitation and further submitted that the petitioner does not want to pay the construction cost and extra charges to the o.ps. and due to non payment the petitioner disturbing and threatening the o.p. for dire consequences. It is also proved that the petitioners shifted on temporary basis to other place and the o.ps. paid the entire amount of shifting charge and accommodation expenses and the o.ps. requested the petitioner for taking possession of the said flat after paying rent along with extra charge as per agreement. But the petitioner neglected to pay any amount and told o.ps. that he would not pay any cost.
- Upon pleadings of parties the following points arose for determination :
- Is the case maintainable in its present form ?
- Whether the petition is filed with the limitation period ?
- Whether the petitioner has any cause of action to file the case ?
- Whether there is any deficiency in service on the part of the O.P.,
- Whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
- All the issues are taken up together for the convenience and brevity of discussion and to skip of reiteration. In support of his case the petitioner filed before the Forum his oral evidence in the form of affidavit and also his purchase agreement with the o.ps. dated 15.5.2012 wherefrom it is noticed that as per the terms of agreement he would be provided by the o.ps. a ground floor flat measuring 400 sq. ft. carpet area of the proposed building on payment of Rs. 500/- per sq. ft. towards sale consideration money to be paid to the o.ps. by the petitioner and the o.ps. are bound to make registration of the sale deed in favour of the second party i.e., the petitioner. The o.ps. also provided temporary accommodation to the petitioner as he was a tenant in the property and the cost of the same accommodation would be borne by the o.ps. till he gets possession. The petitioner also filed one copy of complaint made by him before the I/C of the Shibpur P.S. on the above subject.
- This Forum heard the ld. counsels for the parties wherein both the counsels for the petitioner agreed that the petitioner would be provided flat as per agreement and they would complete the construction by plastering, colouring and others and also they would execute and register the conveyance of sale in favour of the petitioner on payment of the consideration as agreed that is Rs. 500/- per sq. ft. After such submission of the ld. counsels of both sides that they are ready and willing to comply the order of the Forum, this Forum has very less to think over the matter when the o.ps. conceded to the claim of the petitioner and would execute and register the deed of conveyance and also complete the works of the flat on payment of the consideration namely Rs. 500/- per sq. ft.
- In view of above discussion and findings this Forum finds that the final order may be passed by this Forum as both parties consented i.e., the o.ps. would make the claim of the petitioner who would make the payment.
In the result, the claim case succeeds.
Court fee paid is correct.
Hence,
O R D E R E D
That the C. C. Case No. 358 of 2014 ( HDF 358 of 2014 ) be and the same is allowed with no costs and compensation against the o.ps. considering the subject facts and circumstances and submission of the counsels during argument.
The petitioner is entitled to get the relief in respect of completion of pending works and conveyance and execute and register the sale deed in favour of the petitioner and the o.ps. are directed to complete the pending works as mentioned in the beginning of this final order and also to execute and register the sale deed in favour of the petitioner receiving consideration of Rs. 500/- per sq. ft. as mentioned in the agreement.
The final order would be complied within 60 days from the date of this order failing the petitioner would put the order in execution.
As per findings, no order is made as the costs and compensation.
Supply the copies of the order to the parties, as per rule.
DICTATED & CORRECTED
BY ME.
( B. D. Nanda )
President, C.D.R.F., Howrah.
