DATE OF FILING : 05-12-2013..
DATE OF S/R : 13-01-2014.
DATE OF FINAL ORDER : 22-08-2014.
1. Dharamdeo Sah,
son of late Sudhan Sah,
residing at flat no. A-3, 3rd floor,
27/18, B.K. Paul Temple Road, P.S. Bally,
Howrah – 711 202.
2. Saraswati Sah,
w/o. Dharamdeo Sah,
residing at flat no. A-3, 3rd floor,
27/18, B.K. Temple Road, P.S. Bally,
Howrah – 711 202. --------------------------------------------------- COMPLAINANTS.
- Versus -
Ashis Saha,
son of late Haripada Saha,
Prop. M/S. Global Construction Company,
having its office and residence at
27/18, B.K. Paul Temple Road, P.S. Bally,
District - Howrah,
PIN – 711202.-----------------------------------------------------------------OPPOSITE PARTY.
P R E S E N T
President : Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.
Member : Shri P.K. Chatterjee.
Member : Smt. Jhumki Saha.
F I N A L O R D E R
1. The instant case was filed by complainants U/S 12 of the C.P. Act, 1986 wherein the complainants have prayed for direction upon the o.p. to repair the flat suffering from some constructional defects or to pay Rs. 66,538/- to the complainants incurred for repairing of the flat as the o.p. in spite of repeated requests turned a deaf ear.
2. The o.p. in the written version contended interalia that the building remained incomplete in some portions for the intervention of the legal heirs of Hari Pada Sha, the original owner.
3. Upon pleadings of both parties two points arose for determination :
i) Is there any deficiency in service on the part of the O.P. ?
ii) Whether the complainants are entitled to get any relief as prayed for ?
DECISION WITH REASONS :
4. Both the points are taken up together for consideration. Admittedly the possession of the flat was delivered as per agreement. Within short span the flat which was mostly incomplete developed defects viz. the roof causing water leakage, absence of wall plaster and no drinking water system. For such leakage of rain water through the ceiling and wall, the flat got damaged; the electric wiring became risky; furniture and fixtures tarnished. In spite of repeated requests the o.p. turned deaf ear. The photographs produces show the lamentable condition of the flat purchased at a consideration of Rs. 8,64,500/-. After hearing both sides we are of the view that the o.p. is guilty of gross deficiency in service and cannot have any escape from the rigours of law. This is, therefore, a fit case where the prayer of the complainant shall be allowed.
Hence,
O R D E R E D
That the C. C. Case No.425 of 2013 ( HDF 425 of 2013 ) be and the same is allowed on contest with costs.
The O.P. be directed to repair the damage of the flat and complete the unfinished works or alternatively to pay the complainants a sum of Rs. 67,000/- as the cost of repairment.
The o.p. do also supply the relevant documents to the complainants to facilitate mutation.
The complainants are at liberty to put the decree into execution after expiry of the appeal period.
Supply the copies of the order to the parties, as per rule.
DICTATED & CORRECTED
BY ME.
( T.K. Bhattacharya )
President, C.D.R.F.,Howrah.
