DATE OF FILING : 13-08-2013. DATE OF S/R : 13-09-2013. DATE OF FINAL ORDER : 11-03-2014. Sri Chandra Mohan Mondal, son of Jhantu Pada Mondal, residing at 21, Bon Behari Bose Road, P.O. Ramkrishnapur, P.S. & District – Howrah, PIN – 711 101.------------------------------------------------------------------ COMPLAINANT. - Versus - 1. Sri Amit Gupta, son of Sri Arun Kumar Gupta, residing at 37, Charu Chandra Singha Lane, P.S. & P.O. & District – Howrah, PIN – 711101. 2. Sri Pradeep Shaw, son of Pannalal Shaw of 14, Narasingha Bose Lane, P.S. & P.O. & District – Howrah, PIN – 711 101.-----------------------------------------------------OPPOSITE PARTIES. P R E S E N T President : Shri T.K. Bhattacharya, M.A. LL.B. WBHJS. Member : Shri P.K. Chatterjee. Member : Smt. Jhumki Saha. F I N A L O R D E R 1. The instant case was filed by complainant U/S 12 of the C.P. Act, 1986 wherein the complainant has prayed for direction upon the o.ps. to deliver possession of flat no. G-1 at 97, Swami Vivekananda Road, Howrah, together with the completion certificate and to give free access for new electric connection and to refund Rs. 50,000/- paid to the o.ps. for extra work together with litigation costs and other reliefs as the o.ps. in spite of repeated requests did not deliver cause possession of the suit flat though execution and registration has already been done. 2. Sufficient opportunities were given to the o.ps. to file the written version but ultimately the case was heard ex parte as they did not file the written version. 3. Upon pleadings of both parties two points arose for determination : i) Is there any deficiency in service on the part of the O.Ps. ? ii) Whether the complainant is entitled to get any relief as prayed for ? DECISION WITH REASONS : 4. Both the points are taken up together for consideration. On scrutiny of the record it appears that since after the execution and registration of the deed with respect to the suit flat the o.ps. did not deliver possession of the same on repeated requests. We are, therefore, of the view that this is a fit case where the prayer of the complainant shall be allowed. Both the points are accordingly disposed of. Hence, O R D E R E D That the C. C. Case No. 287 of 2013 ( HDF 287 of 2013 ) be and the same is decreed ex parte with costs against the o.ps. The O.Ps. be directed to deliver possession of the suit flat together with a completion certificate within 30 days from the date of this order The o.ps. be further directed to refund sum of Rs. 50,000/- paid to them for extra work and a litigation costs of Rs. 5,000/-. No order as to compensation. 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. ( T.K. Bhattacharya ) President, C.D.R.F.,Howrah. |