Hon’ble Mrs. Soma Bhattacharjee, Member

To state the facts in brief of Complaint case no. 44 of 2017, the complainants Sri Saurav Govinda Chowdhury, Sri Sangram Gobinda Chowdhury and Smt. Aditi Chowdhury signed an agreement with the OP no. 1 Rajat Barman, developer, OP no. 2 Smt. Dipali Hore, OP no. 3 Sri Soumen Kumar Hore, and OP no. 4 Smt. Srabani Sarkar (Hore) who are land owners.

The agreement was signed for purchasing of a 2^nd floor south western Flat measuring about 680 sq. ft. super built up area on the scheduled property at Municipal Premises No. 43 A.T. Chatterjee Road P.S. Lake Kolkata- 700031, Assessee No. 21-092-01-01-40-9. The agreement was made between the parties on 12.03.2013. The complainants paid Rs. 23,45,000/- in total in different instalments to the OP no. 1. It was agreed in the agreement that the scheduled flat would be delivered within 10 months from the date of signing of the agreement. Although the construction of the scheduled flat was over and the complainant was willing to pay the balance consideration amount of Rs. 35,000/- the Opposite Parties failed to deliver possession and execute deed of conveyance in favour of the complainant. The copies of money receipts issued by the OP no. 1 have been filed with the complaint.

          Cause of action arose on 12.03.2013, the date of the agreement and is still continuing.

          After 10 months were over from the date of agreement, the complainants sent a legal notice to the OPs on 16.03.2016 requesting them to register the flat within 15 days but the OPs did not take any action in this matter and hence the complainant filed the instant CC/44/2018.

          Although notices were duly served upon the OPs none appeared before the commission. The Ops did not file any W.V or evidence. Hence the case proceeded ex parte.

Points for decision are

• Whether the complainants are consumers
• Whether there is deficiency of service
• Whether the complainants are entitled to any relief

Since the OPs have received a large part of consideration from the complainants the complainants are consumers in terms of Section 2 (d) of Consumer Protection Act, 1986.

          Needless to say that the OPs have failed miserably in delivering the flat to the complainant within the scheduled time. Hence the complainant is entitled to relief.

          On perusal of material records, documentary evidence, hearing of argument and considering the written notes of argument of the complainants there seem to be nothing to mistrust the evidence of the complainants. So the complaint case succeeds ex parte.  

It is ordered

 The complaint case is disposed of ex parte with the following directions:

(1) The Opposite Parties are directed to deliver the possession of the scheduled flat within 60 days of pronouncement of this order after accepting the balance consideration amount of Rs. 35,000/- from the complainant.

(2) The Opposite Parties are also directed to execute and register the deed of conveyance in favour of the complainant in respect of the scheduled flat and hand over the completion certificate.

(3) The Opposite Parties are directed to pay a compensation of Rs. 5,00,000/- to the complainants for mental agony and harassment.

If the Opposite Parties fail to comply with this order, the complainants will be at liberty to put the order into execution as per law.