Order no. 7 dated 14.8.2015                                                    

Case of the complainants in short is that they, on 19.8.2013,  purchased Flat no. ½ and 4/2 in Rathbari , 420, G.T.Road , Mahesh within Serampur P.S. District Hooghly at a consideration price of Rs.8,85,000/- and 9,98,400/- respectively by a Deed of Conveyance being its no.6557 of 2013 and 6555 of 2013 from the oPs. It is alleged that after getting possession of those flats the complainants noticed cracks , damage on the walls  and some incomplete works  as categorically scheduled in the petition of complaint . On 16.12.2014 the petitioners requested the OP to repair the damaged portion of the walls and to complete other works . But no satisfactory response is received from him. Ultimately, the complainants came before us with the prayer as mentioned in the petition of complaint.

            The OP did not appear and take necessary steps in order to contest the case  inspite of having receipt of due notice and as a result the case has been fixed for exparte disposal.

            For the purpose of veracity of condition of the flats purchased by the complainants , a report was called for Public Works Department, Govt. of West Bengal and accordingly, a report dated 22.5.2015  has been furnished by the Assistant Engineer,  thereof for correct assessment of the condition of those flats.

            Upon hearing ld. Advocate and careful perusal of the affidavit in chief together with relevant Deeds of conveyance in respect of flats ½ and 4/2 of the Building known as “Rathbari” in the premises 420, G.T.Road, Mahesh , Serampur, Hooghly. It appears that the schedule flats there is crack in the wall, no railing of Stair case is fixed, no roof treatment, no painting work both internal and external wall of the flat , no switch boards , no doors in latrine and bed room of the flat no. 4/2 etc. Since , the allegation supported by   report of PWD dated 22.5.2015 has not been challenged effectively by the oP , there exists no better alternative but to allow the case of the complainants in terms of their prayers .

                                                                     Hence ordered that

            The complaint case no.42 of 2015 be and the same is allowed exparte.

            The complainants are at liberty to get their flats repaired in terms of the schedule mentioned by them in their petition of complaint with compensation of Rs.20,000/- payable by the Op in their favour within one month.

            The OP is hereby directed to undertake the repairing and completing the unfinished  work in terms of the schedule attached to the petition of complaint and for payment of compensation amounting to Rs.20,000/- within 30 days from the date of this order.

            Let a copy of this order be made over to the parties free of cost.