MR. SHYAMAL KUMAR GHOSH, PRESIDING MEMBER
The instant C.C. case has been filed by the complainant against the opposite parties praying for direction upon the opposite parties to hand over the completion certificate issued by the Panihati Municipality, North 24 Parganas, direction upon the OPs to hand over the possession letter to the complainant in respect of the flat, direction upon the opposite parties to pay the compensation, costs etc.
The fact of the case in brief is that the complainant is a flat owner situated at 40, Murari Mohan Mitra Road, P.O. Kamarhati, P.S. Khardah, Kolkata – 700 058. OP No. 1, along with his brother Kamal Samajdar, since deceased, both were absolute joint owner of the land and property measuring about 5 kottahs, 12 chhitaks situated at Murari Mohan Mitra Road, Kolkata - 700 058. OP No. 2 is a partnership firm and OP Nos. 3 &4 both are the partners of the OP No. 2 and they are fully responsible for day to day business affairs of the OP No. 2. OP No. 5 is the registered Power of Attorney holder of the OP No. 1 / land owner. The owner are desirous for developing the land and property by construction of a new building and they approached to the developer for construction upon the multi storied building upon the said plot of land. Development agreement dated 04.05.2009 was executed by and between the owner and the developers and subsequently the owner jointly executed and registered a general Power of Attorney in favour of the OP No. 5 who was authorising to sell and execute the deed of conveyance in favour of the intending purchasers and the said Power of Attorney was registered at the office of the ADSR, Barrackpore on 30.07.2009.
It is further case that the OPs 2,3 & 4 upon getting the plan sanctioned from the Panihati Municipality the developer constructed a new building upon the aforesaid plot of land. The developer being the OPs Nos. 2,3 & 4 and the OP No. 5 executed the deed of conveyance dated 27.01.2014 in favour of the complainant in respect of flat measuring area 1447 sq. ft. ( built up area) situated on 3rd floor being flat No. A registered in the office of ADSR, Barrackpore in the year 2014 for a consideration of Rs.19,53,450/-.
After execution and registration of the deed of conveyance, the OPs 2,3 & 4 handed over the possession of the flat in favour of the complainant but they did not hand over the possession letter in respect of the subject flat.
At the time of the registration of the deed of conveyance the developers i.e. OPs No. 2,3 & 4 promised to hand over the completion certification to the complainant as early as possible but in vain. Due to non supply of completion certificate and possession letter the complainant was not in a position to mutate the property in the name of the complainant causing serious gross negligence and deficiency in service on the part of the OPs.
Regarding this matter on several occasions various representations have been made by the complainant but the OPs did not care over the aforesaid issues. Having no other alternative the complainant knocked at the door of the Commission for getting proper relief / reliefs as prayed for against the OPs.
Order No. 7 dated 31.03.2022 clearly reveals that no written version was filed by the OP Nos. 2,3,4 & 5 despite receiving the notice and as such, the opportunity for filing written version by the OPs No. 2,3 , 4 & 5 were closed and the matter was fixed for ex parte hearing against the OPs No. 2,3, 4 & 5.
Order No. 8 dated 19.05.2022 clearly reveals that the name of the OP No. 1 was deleted / expunged from the cause title of the present consumer case and to that effect direction was given to the complainant to file amended cause title accordingly. As per direction of this Commission the complainant filed the amended petition of complainant.
Ld. Counsel appearing for the complainant, at the time of final hearing, urged that deed of conveyance in favour of the complainant has already been done but till date the OPs have failed to provide the completion certificate and possession letter to the complainant and for that reason the complainant suffers irreparable loss and injury. There is a gross negligence and deficiency in service on the part of the OPs and, accordingly, the Ld. Advocate appearing for the complainant prays for necessary directions upon the OPs so that the complainant is entitled to get proper relief / reliefs as prayed for.
I have heard the Ld. Advocate appearing for the complainant at length and in full.
I have perused materials available on the record meticulously.
I have considered the submissions of the Ld. Advocate.
The final hearing has been concluded.
It is admitted that the deed of conveyance in favour of the complainant regarding the subject flat has already been completed in the year 2014. In this regard there is no such gross negligence and deficiency in service on the part of the OPs. But the OPs have failed to hand over the completion certificate and possession letter to the complainant till date causing serious gross negligence and deficiency in service on the part of the OPs. As per agreement executed between the parties it is bounded duty of the OPs to provide the aforesaid document within the reasonable time to the complainant but in vain. Under such circumstances there is no hesitation to hold that the OPs are negligent due to the non supply of the completion certificate as well as possession letter in favour of the complainant.
Accordingly, I allow the petition of complaint ex parte with cost and compensation and direction is given to the opposite parties to hand over the completion certificate as well as possession letter in favour of complainant within 60 days from the date of the passing of this order.
The OPs are further directed to pay compensation amounting to Rs.10,000/- and cost of Rs.5,000/- i.e. in total 15,000/- ( Rupees fifteen thousand only) to the complainant within the aforesaid stipulated period of time in default the whole awarded amount shall carry interest @ 9% p.a. from the date of default till full realisation.
In case of non compliance of order by the OPs, the complainant is at liberty to put the order in execution.
The C.C. Case is, thus, disposed of as per above observation.
Note accordingly.
