DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: WEST TRIPURA : AGARTALA

 

 

CASE   NO:   CC- 37 of  2023

 

 

Sri Goutam Choudhury,

S/O- Late Prabhash Chandra Choudhury,

Manjyoti Residency, Near Nahabat Marriage Hall,

Bhati Abhoynagar, Agartala,

West Tripura, Pin-799001. .........Complainant.

 

 

-VERSUS-

 

 

1. Sri Subhradeep Majumder,

S/O- Sri Babul Kanti Majumder,

Circuit House, Kunjaban,

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

District- West Tripura, 

Pin- 799006.

 

2. Sri Jayanta Pal,

S/O- Sri Jotirmoy Pal,

Bhati Abhoynagar, 

Near Indira Gandhi Statue, 

Agartala, P.S. Agartala West. ............Opposite Parties.

   

________PRESENT__________

 

 SRI GOUTAM DEBNATH

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL COMMISSION,

      WEST TRIPURA, AGARTALA. 

 

SRI SAMIR GUPTA

MEMBER,

  DISTRICT CONSUMER  DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA, AGARTALA. 

 

 

C O U N S E L

 

For  the  O.P. No.1 : Sri Tapan Saha. 

 

For the O.P. No.2 : Smt. Likha Bhowmik,

 

F I N A L    O R D E R

1. This petition U/s 35 of the Consumer Protection Act, 2019 has been filed by Goutam Choudhury, here-in-after called the “complainant/ petitioner” against Sri Subhradeep Majumder and Jayanta Pal here-in-after called the “O.Ps”.

Complainant entered into an agreement with the O.Ps for purchasing 2BHK Flat No- B1 in the 1st floor comprising 861 sq. ft. without any car parking place for a consideration of Rs.31,85,700/-. Subsequent to the agreement, complainant through cheques, paid Rs.25,48,560/- as advance payment of consideration to the O.P. thereafter  paid the entire consideration amont to the O.P.  

1.2 The flat was to be completed within 12 months plus 3 months as grace period from the date of execution of the agreement. But inspite of expiry of the period of construction the O.Ps failed to hand over the flat to the complainant.

1.3 However, being insisted by the O.Ps that the works will be completed immediately the complainant on good faith took possession of the flat in the month of November, 2020.

1.4 Thereafter Sale Deed was executed on 5th January, 2022 between the complainant and the O.Ps. 

1.5 As per clause 5 & 6 of the Sale Deed it was specifically assured by the O.P. that he will install the lift within 6 months from the date of registration of the sale Deed and complete all other remaining works which includes roof treatment, community hall, front gate, boundary walls etc.

1.6 Legal Notice was sent on 28.07.2022 upon the O.P. to complete the works in terms of agreement an Sale Deed  but no reply received from the O.P.

1.7 The half done works has been mentioned in details in para 16 of the complaint i.e., 18 items. 

1.8 Since, the O.Ps have not completed the work this complaint have filed for passing a direction to the O.Ps to complete the half done works or not even done works and to pay compensation to the complainant.

2. The O.P. No.1 did not contest the case inspite of submitting written objection on 03.08.2023 as such vide order dated 12.01.2024 the case has been proceeding exparte against the O.P. No.1.

2.1 During the course of proceeding it was found that O.P. No.2, Jayanta Pal is a necessary party as he is the owner of the land as such vide order dated 26.02.2024 he was added as O.P. No.2 and summon was issued against him.

2.2 The O.P. No.2 on 10.07.2024 filed a petition that in case No- CC-319/2022 Final Order was passed against the O.P. No.1 and O.P. No.2  was not a party in that case. However, in written objection the O.P. No.2 pleaded that Sale agreement was executed in between the complainant and the O.P. No.1 and as such the O.P. No.2 has nothing to do. And the O. P. No.2 caused no hindrance in the construction of the flat. 

 

 

3. The complainant submitted evidence on affidavit including documents.

 

4. Hearing argument we find that in the Sale Deed dated 05.01.2022, Jayanta Paul, O.P. No.2 was also a party. Further, Jayanta Paul, O.P. No.2 is the owner of the land and O.P. No.1, Subhradeep Majumder is the developer. 

 

5. In the result, it is ordered that the O.P. No.1 is liable to complete the half done works or not done at all works of the flat as per the agreement within 3 months from today otherwise the O.P. No.1, Subhradeep Majumder shall pay Rs.10 lakhs to the complainant as compensation within 30 days from today with interest @ 7.5% P.A. from today till the date of actual payment.

 

6. The case stands disposed off.

 

 

 

 

7. Supply copy of this final Order to the parties free of cost. 

Announced.

 

 

SRI  GOUTAM DEBNATH

PRESIDENT,

DISTRICT CONSUMER  DISPUTES

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA

 

 

 

 

SRI SAMIR  GUPTA

MEMBER,

DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION,

WEST TRIPURA, AGARTALA.