DATE OF FILING : 28/05/2014
DATE OF S/R : 28/07/2014.
DATE OF FINAL ORDER : 30/03/2017.
SRI DILIP SAHA,
son of Late Laxmi Narayan Saha,
by faith- Hindu, by occupation- Service,
residing at 45/44/1, Botanical Garden Road,
P.S. Shibpur, now, A.J.C Bose Botanical Garden, P.S-
District Howrah,
PIN 711 103…………….………………………..………………….COMPLAINANT.
1. SRI VINAY SINGH,
S/O Parasuram Singh,
At 4, Bon Behari Bose Road,
P.S. Howrah,
Dist Howrah.
2. Sri Jayant Gupta,
S/O Sambhu Nath Gupta,
21, Narasingha Bose Road, P.S. Howrah,
Dist Howrah 711 101.
3. Sri Gouranga Chandra Saha,
S/O lt. Laxmi Narayan Saha,
45/44/1, Botanical Garden Now,
A.J. C. Bose Botanic Garden Road, P.S. Shibpur,
Dist Howrah 711 103.
4. Sri Ajit Saha
S/O lt. Laxmi Narayan Saha,
45/44/1, Botanical Garden Now,
A.J. C. Bose Botanic Garden Road, P.S. Shibpur
Dist Howrah 711 103
5. Sri Pradip Saha,
S/O lt. Laxmi Narayan Saha,
45/44/1, Botanical Garden Now
A.J. C. Bose Botanic Garden Road, P.S. Shibpur,
Howrah 711 103. ……………………………….OPPOSITE PARTIES.
P R E S E N T
Hon’ble President : Shri B. D. Nanda, M.A. ( double ), L.L.M., WBHJS.
Hon’ble Member : Smt. Jhumki Saha.
Hon’ble Member : Shri A.K. Pathak.
F I N A L O R D E R
- Complainant, Sri Dilip Saha ,by filing a petition U/S 12 of the C. P. Act, 1986 ( as amended up to date ) has prayed for a direction to be given upon the o.p.nos 1 and 2, to hand over the possession of the schedule flat alongwith the physical delivery of the possession of the said flat measuring about 220sq.ft., to pay Rs.9,00,000/- as compensation alongwith Rs. 50,000/- as litigation cost and other relief or reliefs as the Forum may deem fit and proper.
- It is the specific grievance of the complainant that even after the completion of the construction of the proposed building at the schedule premises, O.P.nos 1 and 2 have failed to deliver the physical possession of his flat measuring 220sq.ft covered area as per the Schedule “B” of the Development Agreement dt. 08/07/2009 till date. It is also alleged by him that although they verbally assured him about the delivery of that flat, actually they are trying to sell it to the intending purchaser. So, he was making requests after requests to do the needful but O.P.nos 1 and 2 remained silent. Accordingly, the complainant sent legal notice dt. 23/05/2014. He sent sopme other letters also to O.P.nos 1 and 2. Even after all these efforts made by the complainant, O.P.nos 1 and 2 remained negligent towards the complainant. Complainant repeatedly requested the O.P.s to do the needful but they remained silent without doing anything till date. Being frustrated and finding no other alternative complainant filed this instant case with the aforesaid prayers alleging deficiency in service against the O.P.nos 1 and 2 coupled with unfair trade practice.
- Notices were served. O.P.nos 1 and 2 appeared and filed w/v . Proforma O.P.nos 3 to 5 appeared but did not file any w/v. Accordingly, the case was heard exparte against the Proforma O.P.nos 3 to 5 and on contest against O.P.nos 1 and 2.
- Two points arose for determination :
- Is there any deficiency in service on the part of the O.P. s ?
- Whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
- Both the points are taken up together for consideration. We have carefully gone through the complainant/ petition with the annexure filed by the complainant , w/v by the O.P.nos 1 and 2 and noted their contents. Denying and disputing all material allegations of the complainant, O.P.nos 1 and 2 have categorically stated that they have handed over the flats to the other owners who are the brothers of the complainant and they, herein, Proforma ops 3 to 5 , have no grievance. It is further stated by them that complainant was also given his flat in December, 2011 without any complain, but later on for some malafide intention, he filed this instant case. They have also shown that the total value of 880 sq.ft. area of 4 flats is Rs. 27,28,000/- which hits the pecuniary jurisdiction of this Forum. Here we take a pause. We are to consider in this case the value of one flat only i.e the share of the complainant which is only 220 sq.ft. and the value of that flat is only Rs. 6,82,000/-. And complainant prayed for compensation of Rs. 9,00,000/- and Rs. 50,000/- as litigation cost. So, the entire claim of the complainant is only Rs. 16,32,000/- which is well within the pecuniary jurisdiction of this Forum. It is also a fact that when Development Agreement was entered between the parties on 08/07/2011, the complainant was also a party to the said Development Agreement. So, O.P.nos 1 and 2 are under obligation to deliver the flat measuring 220sq.ft. to the complainant, too. But the O.P.nos have not annexed an single paper to show that they have discharged their part of the duty to the complainant. Accordingly, we have no difficulty to believe that the claim of the complainant is very much justified. The O.P.nos 1 and 2 have grossly negligent in their duties. O.P.nos 1 and 2 have failed to deliver the possession of the scheduled flat to the complainant till date . It is very easily understood by a man of common prudence that O.P.nos 1 and 2 are not only deficient in service but also they adopted unfair trade practice. Accordingly , the complainant should not suffer . Enough time has passed away which certainly caused mental agony , physical harassment, and financial loss to the complainant. We all know that shelter is a basic need . To run one’s life smoothly, it is the urgent need. So we are of candid opinion that it is a fit case where the prayers of the complainant should be allowed with compensation against the O.P.nos 1 and 2. Points under consideration are accordingly decided.
Hence,
O R D E R E D
That the C. C. Case No. 313 of 2014 ( HDF 313 of 2014 ) be allowed on contest with costs against the O.P.nos.1 , 2 and dismissed exparte without cost against Proforma O.P.nos 3 to 5.
That the O.P. nos 1 and 2 are jointly and severally directed to deliver the physical possession and Possession Letter to the complainant with respect to the schedule flat of 220sq.ft. covered area on the ground floor of the scduled building completing construction work in all respect within 30 days from the date of this order i.d t Rs. 100/- per day shall be imposed on them till actual delivery .
The complainant do get an award of Rs. 15,000/- as compensation and Rs. 5,000/- as litigation costs. The o.p.nos 1 and 2 are directed to pay this total amount of Rs. 20,000/- within 30 days from the date of this order i.d., 8% p.a. interest shall be charged on the same till actual payment.
The complainant is at liberty to put the decree into execution after expiry of the appeal period.
Supply the copies of the order to the parties, as per rule.
DICTATED & CORRECTED
BY ME.
( Jhumki Saha)
Member, C.D.R.F., Howrah.
