Dt.20.12.17. This day is fixed for exparte judgement Ld advocate of the complainant file hazira.
The case is taken up today for exparte judgement and order.
The Gist of the case is as follows:-
A G+3 building named “ Soumili Apartment” on 4.5 kathas of land of plot No.45, Khatians . no.-442, mauza ,Siliguri, P.s.-Pradhan Nagar is at the centre of the disputes.
Complainant No. 1 & 2 regarding of a flat measuring 1138 square feet along with a parking space of 120 sq.ft. for the consideration amount of Rs.32,00,000/- from the Op on 26.6.15. Likewise ,a flat of 1138 sq.ft. along with a parking space of 120 sq.ft. was handed over to the complainant no.3 on 07.07.14 . For the consideration amount of Rs.35,40,000/- by the OP. Similarly the OP handed over possession of a flat measuring 794 sq.ft. plus the parking space of the same area to the Complainant No.4 and 5 on 17.12.14 for the consideration amount of Rs.19,75,000/-.
After taking position of the aforesaid flats, the complainants saw two discrepancies of the apartment with the Siliguri Municipal Corporation appeared plan. In the appeared plan there were only 04 parking space whereas in the bldg. 06 parking space have been constructed. Secondly parking space sold to the complainant no.4 & 5 is not in the common parking area as provided in the SMC appeared plan but in a non parking area.
In the parking space in the common area, the Op has constructed more than 1000 sq.ft. room, which is not there in the SMC plan and trying to sell that room which is illegal.
The SMC appeared construction of underground reservoir of 9000 Lt. capacity whereas the capacity of the underground reservoir constructed by the OP is only 2000 Lt.
Improper boring is the cause of muddy water. Drainage system is so poor that water logging occurs to the disadvantage of the complainants.
Moreover, security guard room has been constructed on the septic tank leaving no scope of cleaning when necessary in future.
The complainant repeatedly requested the Op to rectify the difficulties but in vain. They even they sent a legal notice on 27.11.15 but in spite of reply the legal notice, the Op started threatening the complainant. The complainant lodged a complainant on 05.12.15 in the local police station.
The complainant further stated that they had suffered a damaged of more than Rs.10, 00,000/- due to deficiency of service of the Op and hence is the case filed by the complainants.
The OPs entered appearance but did not filed W/V and case proceed the exparte against the Ops.
The complainants filed following documents in support of their contention:-
- Certified copy of the deed of convenience.
- Original SMC plan.
- Having plan number 602 dated 17.07.2012 legal notice along with A/D & postal receipt.
- Copy of complainant given to police station.
- Photograph/CD of illegal construction.
- Legal reply notice of the OP dated 01.02.2016.
The complainant files evidence also.
Perused the complaint, the unchallenged documents and the evidence filed by the complainant. The discrepancies/differences of the construction of the building with the plan passed by the Siliguri Municipal Corporation is not discernible either from the content of the plan or from the documents filed by the complainant and it is not clear also how the damage suffered by the complainant has been converted into monetary term more than 10 lakhs as claimed by the complainant.
From the above discussion we are of the view that the complainants have failed to prove their case.
Hence, it is
O R D E R E D
That the consumer case no 1/S/2016 be and the same is dismissed exparte.
