DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

WEST TRIPURA :  AGARTALA

CASE   NO:   CC- 10 of 2019

 

1.  Sri Sasabindu Datta Choudhury,

S/O.-Lt. Srish Datta Choudhury,

 

2. Smt. Swapna Datta Choudhury,

Both are resident of Rosedare Apartment Houseing Society,

Lichubagan,(Behind Govt. Music College), 

P.O.-New Secretariat, P.S.- New Capital Complex,

Dist.-West Tripura,.…..................…...........................Complainants.

 

      -VERSUS-

 

1. Sri Dipak Chandra Pal,

S/O.-Late Lal Mohan Pal,

Vill.-Narshingarh, P.O.-Bimangarh,

P.S.-Airport, Dist.-West Tripura,

 

2. Smt. Anju Kumari Meena,

D/O. Sri Satya Narayan Singh Meena,

W/O.-Sri Bharat Kumar Meena,

Of Shalbagan, Agartala, 

Dist.-West Tripura,

 

3. Rosedale Apartment, a partnership firm, 

Having its office at Lichubagan, Agartala,

Dist.-West Tripura,

S/O.-Sri Akhil Chandra Debnath,

Of Dhaleswar, P.S.-East Agartala,

Dist.-West Tripura.............................................Opposite parties.

 

      __________PRESENT__________

 

 SRI BAMDEB MAJUMDER

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL FORUM,

      WEST TRIPURA, AGARTALA. 

 

SRI U. DAS

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

SMT. DR B. PAL,

 MEMBER, 

DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

WEST TRIPURA, AGARTALA

 

C O U N S E L

 

For the Complainants : Sri Amrit Lal Saha,

  Sri Kajal Nandi,

  Advocates. 

For the O.Ps.  : None appeared. 

JUDGMENT  DELIVERED  ON: 27/09/2019

J U D G M E N T

The Complainants Sri Sasabindu Datta Choudhury & Smt. Swapna Datta Choudhury,  set the law in motion by presenting the petition U/S 12 of the Consumer Protection Act, 1986 complaining deficiency of service committed by the O.Ps. 

  The complainants' case, in brief, is that the Complainants have jointly purchased one 2BHK flat measuring 1125 sp. ft. along with one car parking space in Block No.4 of Rosedale Apartment (Flat No.4/T/C at the top floor), Lichubagan,(Behind Govt. Music College), Agartala on consideration of Rs.16,99,000/- from the O.P. Nos.1&2 namely Sri Dipak Ch. Paul & Smt. Anju Kumari Meena by registered deed vide No.1-4485 dated 28/05/2015. Before purchase of the said flat with car parking space by the Complainant, the said flat along with car parking space was earlier sold by the O.P. No.3 the Developer-cum-Builder to one Sri Manesh Agarwal vide registered deed No.1-7329 dated 17/10/2014. The buyer Sri Manesh Agarwal thereafter sold out the aforesaid flat with car parking space to the O.P. Nos.1&2 namely Sri Dipak Ch. Paul & Smt. Anju Kumari Meena by registered deed of conveyance vide No.1-1583 dated 23/02/2015. Then the O.P. Nos. 1&2  sold the flat and the car parking space to the Complainants as stated above.  Both the Complainants have alleged in their complaint that though the O.P. Nos.1&2 sold out the car parking space to them on consideration of Rs.1,50,000/- but they have failed to handover the possession of car parking space as per the terms and condition of the registered sale deed. The Complainants took up the matter first with the O.P. No.3 the Developer-cum-Builder Sri Nikhil Debnath who then allotted a car parking space to the Complainants at the basement of the Block No.4 on 31/01/2017. The Complainants found the allotted space was not useable as there was no space for entry or exit in it. The Complainants thereafter sent a letter on 03/08/2018 to their venders i.e. the O.P. Nos.1&2, requesting them to allot useable car parking space to them but they did not make any response to their letter. The Complainant in his complaint stated that he also requested the O.P. Nos.1&2 to refund him Rs.1,50,000/- being the price of the car parking space as the said O.Ps. had failed to provide them useable car parking space in spite of having received the amount for car parking space.   

As the O.Ps. have failed to solve the problem being faced by the Complainants, they have filed the instant complaint U/S 12 of the Consumer Protection Act,1986 against the O.Ps. claiming refund of Rs.1,50,000/-, Rs.5,00,000/- as compensation, beside litigation costs and interest. 

Hence this case. 

2.  Notices from the Forum in connection with the case were duly served upon the O.Ps., but the O.Ps. did not appear to contest the case. So the case proceeded exparte against the O.Ps. by  orders dated  17/04/2019, 10/05/2019 & 03/07/2019.

3. The Complainant No.1 Sri Sasabindu Datta Choudhury filed Affidavit-in-Chief on 26/07/2019 for himself and on behalf of his wife who is the Complainant No.2. The complainants submitted  05(five) documents comprising 61 sheets. The documents were marked as Exhibit-I series.  

4. The Complainant produced the Statement on Affidavit-in-Chief  wherein his stated what had been stated by him in his complaint, hence it is not necessary to repeat the same. The Complainant in his Examination-in-chief has prayed for refund of Rs.1,50,000/- being the price of car parking space and compensation amount of Rs.5,00,000/- for harassment and mental agony beside litigation cost and interests due to unfair trade practice and deficiency of service committed by the O.P. Nos.1&2.  

5.   We have gone through the evidence on record and the documents field by the Complainants. We have also heard arguments from the Complainants.

     After going through the registered deed of conveyance vide No.1-1583 dated 23/02/2015 which was executed between the O.P. Nos.1&2 Sri Dipak Ch. Paul & Smt. Anju Kumari Meena as Venders and the Complainants namely Sri Sri Sasabindu Datta Choudhury & Smt. Swapna Datta Choudhury as Vendees it transpires that both the complainants had paid Rs.16,99,000/- to the O.P. Nos. 1&2 for one 2BHK flat along with car parking space as per terms and conditions stipulated in the deed of conveyance. Both the complainants got vacant possession of the flat from the O.Ps. but the O.P. Nos.1&2 failed to deliver them useable car parking space. It is evident from the case record that the Complainant No.1 issued letter to the O.P. Nos.1&2 raising the problem being faced file by him with the garage space having no easy entry and exit facilities. But both the O.P. Nos.1&2 kept silent. Hence he has filed the complaint for redress. We find that the O.P. Nos. 1&2 were the last venders and as such they can not shirk their responsibility and liability as per the terms and conditions of the deed of conveyance regarding the car space.

Based on the above evidence available on record we are of the opinion that there was unfair trade practice and deficiency of service on the part of the O.P. Nos.1&2 towards the Complainants. The Complainants according to us have suffered harassment and mental agony for the deficiency of service and unfair trade practice of the O.P. Nos.1&2.               

As there is no tangible evidence on record against the O.P. No.3 . we are not inclined to fix any liability on the said O.P. 

6.     In view of discussion made above we find and hold that the Complainants have succeeded in establishing their case U/S 12 of the Consumer Protection Act,1986. We find the O.P. Nos.1&2 guilty of committing unfair trade practice and deficiency of service. 

Accordingly we direct the O.P. Nos.1&2 to refund Rs.1,50,000/- being the price of the car parking space with 9% interest from the date of purchase i.e. on 23/02/2015 to the Complainants and also to pay Rs.30,000/- as compensation and also Rs.5,000/-  as cost of litigation. The Complainant is accordingly entitled to get Rs.1,85,000/- (Rs.1,50,000/- + Rs.30,000/- + Rs.5,000/-). The payment is to be made within 2 months from the date of judgment, if not, it will carry interest @ 9% per annum till the payment is made in full.

    It is further directed that the O.P. No.1&2 shall have to pay penal interest @12% on Rs.1,50,000/- to be accrued from the date of purchase of the car parking space if the O.P. Nos.1&2 fail to comply with the judgment within 02 months from the date of judgment as ordered above.  

 

ANNOUNCED

 

 SRI BAMDEB MAJUMDER

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL FORUM,

WEST TRIPURA,  AGARTALA

 

 

 

SRI U. DAS

MEMBER,

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, 

 WEST TRIPURA,  AGARTALA.

 

SMT. DR B. PAL,

 MEMBER, 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, 

WEST TRIPURA, AGARTALA