DIST. CONSUMER  DISPUTES  REDRESSAL  FORUM

NORTH 24 Pgs., BARASAT.

                                        C. C.  CASE  NO. 275/2014

   Date of Filing:                 Date of Admission                Date of Disposal:

    21.05.14                       29.05.2014                         12.02.2015                        

 PETITIONER                                 = Vs. =                            O.Ps.

Smt. Putul Ghosh,                                                  1.        Sri Ashok Kr. Roy,

W/o. Sri Pabitra Kr. Ghosh,                                             Prop., M/s. Roy Engineering

Block-‘B,                                                                               Works (Cons. Dept),

Lake Town,                                                                          DD12/1, Deshbandhu Nagar,

Kol-700089.                                                                                    Baguiati, P.S. Baguiati,

                                                                                                Kolkata- 700059.

J U D G E M E N T

Facts of the case, in short, is that the complainant was staying at a rental accommodation and as such was in a desperate need for residential accommodation in and around her present locality when she was approached by representative of O.P namely Sri Ashok Kr. Roy, Prop. of M/s. Roy Engineering Works having its offices at DD-12/1, Deshbandhu Nagar, Baguiati, Kol-700059 who represented himself to be the promoter/ developer  of the schedule ‘A’ property and offered to sell the apartment raised by him in the schedule ‘A’ property.

The complainant stated that an Agreement for Sale was executed by and between the complainant and the O.Ps dated 04.01.11 wherein the O.P promised and assured to deliver the schedule ‘A’ by payment of 40% of the total consideration money at the time of registration and within 90 days from the date of Agreement for Sale. The net consideration price agreed by and between the parties is Rs. 13,60,000/-.

The complainant further stated that he has paid a sum of Rs. 5,60,000/- with the signing and execution of the Agreement for Sale dated 04.01.11.

Dictated and corrected                                                     Contd. …. 2/-

C. C. Case No.-275/2014

- :: 2 :: -

The complainant also stated that the O.P further demanded a sum of Rs. 40,000/- for installation and commission of power connection in the building and schedule ‘A’ flat which the complainant readily paid.

The complainant further stated that from the very inception the progress of the said construction of the said schedule ‘A’ flat was very tardy and slow.

The complainant also stated that the O.P since 28.05.12 after receiving full payment for the schedule ‘A’ flat has always assured the complainant that the said schedule flat will soon be made ready for habitation and that delivery and possession of the said schedule ‘A’ to the complainant would be made very shortly and assured to forthwith register the said flat before the appropriate registering authorities.

The complainant further stated that since then the complainant has made frantic enquires regarding the possible date of delivery of the said schedule ‘A’ flat as the complainant was in need of acute housing accommodation and every time the O.P continued with the false promise and assurance of prompt delivery of the schedule ‘A’ flat to the complainant, but utterly failed and neglected to deliver possession of the schedule ‘A’ flat and register the same before appropriate registering authority. Hence the complaint.

Point for Decision:-

Whether the complainant is entitled to get any relief as prayed for?

Decision with Reasons 

Both the parties have submitted affidavit-in-chief in support of their contention.

We have perused all the documents.

Admittedly, the complainant entered into an Agreement with the O.P and admittedly the complainant has paid the consideration money. According to the Agreement, the O.P has responsibility to hand over the possession of the schedule ‘A’ flat to the complainant and also register the Deed of Conveyance in relation to the said flat and O.P has also liable to supply the completion certificate to the complainant.

Dictated and corrected                                                     Contd. …. 3/-

C. C. Case No.-275/2014

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We have given our anxious though over the matter and we are of the view, considering the materials on record before placed us that the complainant is not get relief as prayed for.   

Hence

                Ordered,

                                                that the complaint be  and the  same is allowed on contest against the O.P.  

O.P is directed to hand over the possession of the ‘A’ schedule flat to the complainant within two months from the date of this order.

The O.P is directed to execute and register the Deed of Conveyance in favour of the complainant within two months from the date of this order.

The O.P is directed to hand over the completion certificate in the scheduled time after obtaining the same from the concern municipality.

The O.P is also directed to pay compensation of Rs. 10,000/- and litigation cost of Rs. 5,000/- to the complainant within two months from the date of this order, In the event of non compliance of any portion of the order by any of the O.P within a period of two months from the date of this order, the defaulting O.P shall have to pay a sum of Rs. 200/- per day, till its realization, as penalty, from which the amount shall be deposited by the O.P in the State Consumer Welfare Fund.

Let copies of the order be supplied to the parties free of cost when applied for.

Member                                          Member                                              President

Dictated & Corrected by me.