Tapan Bhattacharjee,

son of late Haradhan Bhattacharjee,

residing at 24/2, Paran Chandra Das Road, P.S. Bantra,

District – Howrah,

PIN – 711101. ------------------------------------------------------------ COMPLAINANT.

-          Versus   -

1.      Sri Swapan Kumar Banerjee,

son of late Sishir Mukherjee,

2.      Sri Bimal Pandit,

3.      Sri Ratan Kumar Pandit,

both are sons of late Pannalal Pandit,

residing at 19A, Ichapur Road, P.S. Bantra,

District Howrah,

PIN – 711101.------------------------------------------------------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, Tapan Bhattacharjee,  U/S 12 of the

C.P. Act, 1986 wherein the complainant has  prayed for direction upon the o.ps. to execute and register the sale deed in his favour with respect to the schedule mentioned flat in the ground floor after receiving the balance amount of Rs. 1,27,397/-, to complete unfinished works and to pay compensation to the tune of Rs. 4,25,000/- together with litigation costs of  Rs. 35,000/- as the O.Ps. in spite of repeated requests did not pay heed and remains complacent.

2.                  Notices were probably served upon the O.Ps. Though  o.p. nos. 2 & 3 appeared

on the 1^st date i.e., 27-07-2013 did not appear ultimately. So the case was heard ex parte against all the O.Ps  

3.         Upon pleading of complainant  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 the complainant paid Rs. 5,86,000/- to the O.Ps. and incurred expenditure of Rs. 1,45,303/- for residual work and a sum of Rs. 1,27,397/- remains due as the outstanding consideration money. In view of the unchallenged testimonies, we are 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. 212  of 2013 ( HDF 212 of 2013 )  be and the same is allowed on ex parte against all the O.Ps. with costs

      The O.Ps. be directed to  execute and register proper sale deed with respect to the complaint schedule property within 30 days from the date of this order after receiving the balance amount of Rs. 1,27,397/- from the complainant.

      The O.Ps. be further directed to complete the pending work like aluminum window grill with glass panel, water pipe line work, setting of basin at the dinning work, two doors in  the two rooms, outside plaster and  drainage system within 30 days from the date of this order. 

      The o.ps. be directed jointly and severally to pay a compensation of Rs. 1,00,000/- to the complainant for causing mental pain, agony and prolonged harassment.    

      The complainant is  also entitled to a litigation cost of Rs.  5,000/- from the O.Ps.

      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.