DATE OF FILING                    :     25-06-2012.

DATE OF S/R                            :      03-08-2012.

DATE OF FINAL ORDER      :     20-09-2012.

1.      Sri Surajit Sarkar,

son of Jamini Sarkar,

residing at flat no. 40, Uttarayan Apartment,

P.S. Domjur,   District –Howrah,

PIN – 711302.

2.      Smt Sutapa Sarkar,

w/o. Sri Surajit Sarkar of flat no. 40, Uttarayan Apartment,

P.S. Domjur, Howrah,

PIN – 711302. -------------------------------------------------------  COMPLAINANTS.

-          Versus   -

1.         Sri Kaushik Saha,       

son of late Dr. Loknath Saha,

residing at Mohiary Statin, Domjur,

District – Howrah,

PIN – 711302.

2.         Smt. Monolisa Banerjee,

            Wife of Sri Sudip Banerjee,

            Residing at Mohiary Daspara, P.S. Domjur,

            District – Howrah,

            PIN – 711 302.

3.         Sri Kausik  Chowdhury,

            Having its office or place of business at

            Mohiary Rathala, P.S. Domjur, P.O. Andul Mouri,

            District – Howrah,

            PIN – 711 302. --------------------------------------------------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 complainants   U/S 12 of the  C.P.  Act, 1986,

as amended against the O.Ps.  alleging deficiency in service U/S 2( 1 )( g ),  2( 1 )( o ) of the C.P. Act, 1986 wherein the complainants have prayed for direction upon the O.Ps. to  enforce the terms of the deed of sale and to carry out necessary execution in respect of construction as per terms of the original sanctioned plan dated 28-02-2008 together with compensation and other costs.

2.                  The complainants took possession of the flat on 04-09-2009 and to their

utter surprise they detected gross deviation in the matter of construction with no facility of lift. The allegations of the complainants got confirmed by special enquiry conducted by the competent authority, Howrah Zilla Parishad and District Engineer pursuant to the complaint lodged by good numbers of flat owners of the same building.

3.                  The o.p. nos. 1 to 3 by filing written version contended interalia that the

o.ps. filed Writ Petition No. 9160 ( W ) of 2012 challenging the order of the Howrah Zilla Parishad dated 29-02-2012 which is still pending before the Hon’ble High Court, Calcutta. So the complaint should be dismissed.

4.         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 complainants are  entitled to get any relief as prayed for ? 

DECISION  WITH   REASONS      :

5.         Both the points are  taken up together for consideration. Earlier identical complaints were disposed of as the violation on the part of the o.ps. were amply established. District Engineer, Howrah Zilla Parishad in his report detected gross violation of the sanctioned plan and the deviation has also been detected. The deficiency having been confirmed in the enquiry report and the defects in the construction of the back sided stair case remaining unfinished and the lift facility not being available, we are of the view that the construction work has been done in gross violation of the sanctioned plan. This amounts to deficiency in service. Therefore, this is a fit case for granting relief to the complainant as prayed for.       

      Points under consideration are accordingly decided.

      Hence,

                                    O     R     D      E      R      E        D

      That the C. C. Case No. 45 of 2011 ( HDF 45 of 2011 )  be and the same is allowed on contest with costs against the o.ps.

      The o.ps. be directed to carry out necessary execution in respect of construction as per terms of the original sanctioned plan dated 28-02-2008 within 60 days from the date of this order.  

      The O.Ps. be further directed to pay a compensation to the tune of Rs. 1,00,000/- to the complainants for mental pain, suffering, harassment and deficiency in service within 60 days from the date of this order.

      The complainants are further  entitled to the litigation cost of Rs. 5,000/- from the o.ps.

      The o.ps. be directed to pay the total amount aggregating Rs. 1,05,000/- ( Rs. 1,00,000 + Rs. 5,000 ) to the complainants within two months from the date of this order failing the amount shall carry interest @ 12% per annum.

      The complainants are 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.