IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No. CC 30/2014 .
Date of Filing: 26.02.2014. Date of Final Order: 29.06 .2015.
Complainant: 1. Smt. Sankari Choudhury, W/o Sri Lal Gopal Choudhury.
2. Smt. Manashi Choudhury, W/O Sri Suhashish Chaudhury
All residing at 17, Ramlal Mikherjee Lane, P.O.Khagra, Dist. Murshidabad,
Pin 742103.
-Vs-
Opposite Party: Sri Subrata Singha, S/O Late Samar Sinha, residing at 7, Ratan Saha Ghat Lane,
P.O. Khagra, P. S. Berhampore, Dist. Murshidabad.
Present: Sri Anupam Bhattacharyya ………………….President.
Sri Samaresh Kumar Mitra ……………………..Member.
Smt. Pranati Ali ……….……………….……………. Member
FINAL ORDER
Sri Anupam Bhattacharyya, Presiding Member.
The instant complaint has been filed by the complaint u/s 12 of C.P. Act, 1986 praying for handing over the finished flat along with garage as per agreement dt. 04.12.2012 and compensation.
The complainant’s case, in brief, is that the OP is the absolute owner of the schedule property. He executed and registered a sale deed on 04.12.2012 in favour of the complainant in respect of the schedule flat. The total price of the flat along with all facilities and service charges was fixed as Rs.7, 55,000/- and sum of Rs.9, 45,000/- for other facilities. The petitioners as per condition have paid sum of Rs.12, 25,000/-. The petitioners were ready to pay the balance amount, but the Opposite Party was reluctant to fulfill all the conditions. The Opposite Party has failed to complete the Flat, he is unable to provide the garage on the ground floor, failed to deliver the possession of a complete flat with all facilities. But now the Opposite Party is claiming more than the agreement amount. Hence, the instant complaint case.
The written version filed by the OP , in brief, is that on 4.12.12 the OP executed a register deed in favour of the petitioners and at the time of execution of the said deed petitioners paid the consideration money of Rs.12,25,000/-(twelve lakh twenty five thousand) instead of Rs.17,00,000/-. So there is still due the sum of Rs.4,75,000/- (four lakh seventy five thousand) and the petitioner till today are not willing to pay the said due amount to the OP and as such the OP is not ready to deliver the possession of the flat to the petitioner. There was a garage keeping motor bike and scooter though there was no agreement to prove such garage as per agreement dt. 04.12.12 and in the recital of the deed in respect of the garage baseless and without jurisdiction. The OP had not committed any default as stated in sub Para J of Para 5 of the complaint and Opposite Patty has completed all the works as laid down in the said Para. And the Opposite Party is ready to deliver finished condition flat to the petitioner after getting the sum of Rs.4, 75,000/- plus the consideration money of enhanced area measuring 131 Sq. feet. Total enhanced area is 131 Aq. feet. So @ 1,812/- per Sq. feet the OP is entitled to get further consideration amount of Rs.2,37,420/-(two lakh thirty seven thousand four hundred twenty). There is no deficiency in service on the part of the Opposite Party. Then the complainant has filed this complaint. Hence, the instant complaint case. Rather, there are outstanding dues for the enhanced construction from the complainant and for that the complaint is liable to be rejected. Hence, the instant written version.
Considering the pleadings of the parties the following points have been framed for consideration.
Points for decision.
- Whether the complaint is maintainable in law and fact?
- Whether the complainant is a consumer as per definition of “Consumer” as per Consumer Protection Act, 1986?
- Whether the complainants have locus sandi to file the present case or not?
- Whether the complainants are entitled to get relief as prayed for?
- To what other relief/reliefs the complainant may get ?
Decision with reasons.
Point Nos. 1 to 3.
All these points are taken up together for the sake of convenience.
During hearing argument Ld. Lawyer for the OP has not raised any objection against these points.
Considering the material on record we do not find anything adverse against the complainant on those points and as such we find that all these points are disposed of in favour of the complainant.
Point Nos. 4 & 5.
Both these points are taken up together for the sake of convenience.
The instant complaint is for handing over the finished flat along with garage as per Agreement dt. 04.12.2012.
The complainants’ case is that in spite of payment of Rs.12,25,000/- out of Rs.17,00,000/- towards consideration money by the complainants, the OP has not handed over the possession , completing the works as per terms of the deed dt. 4.12.2012. The complainant is ready to pay the balance amount of consideration.
On the other hand, the OP has claimed outstanding dues for excess construction and balance of consideration money as per deed dt. 04.12.12.
The complainants have relevant documents including hand-sketch map after physical measurement of the concerned flat.
Also, both parties have adduced their evidence on affidavit separately.
At the time of hearing argument both the parties were present along both their respective ld. lawyers.
Heard both sides at length.
Perused the material on record including the deed dt. 04.12.12 and hand-sketch of the impugned flat after measurement.
From the material on record we find that the consideration money of the impugned flat for 917.38 Sq. feet super-built as per registered deed of 4.12.2012 was fixed at Rs.17,00,000/- and out of which the complainant has admittedly paid Rs.12.25 lac and thus the balance of consideration money is Rs.4.75 lacs.
From the hand-sketch of the latest measurement of the flat the excess area of construction is 32 Sq. feet and the price as per the registration deed dt. 4.12.12 is 32x1812 per Sq.ft = Rs.58,000/.
Further, it appears from the material on record as well as from the argument advanced by the Ld. Lawyer for the complaint that the OP has not performed the work as mentioned in Para 5(j) from Cl. 1 to V of the complaint petition. Those are to provide garage, painting work in front side of the flat, water facility to the flat, to supply copy of sanction plan issued by the Municipality and to handover the key of the flat to the complainant.
Considering the materials on record and submissions of both sides we find that complainants are to pay further amount of Rs.6, 000/- towards commode and for A.C points.
Thus, complainant is to pay Rs.5.39 lacs to the OP.
There being understanding dues the complainant is not entitled to get any compensation and cost.
Considering the above discussion we find that all the points are disposed of in part in favour of the complaint and as such the OP will complete the work as per para 5(j) from I to V and handover the possession of the flat within one month after payment of Rs.5.39 lacs by the complainants to the OP.
On the basis of the decisions of all the points together we find that the complaint be allowed in part and the complainants are to pay Rs. 5.39 lacs to the OP by 22.07.2015 and the OP will complete the work as per Para 5(j) from I to V of the complaint petition and hand over possession of the flat to the complainant by 21.08.2015 and furnish compliance report before the Forum by 24.08.2015.
Hence,
Ordered
that the Consumer Complaint No. 30/2014 be and the same is hereby allowed on contest in part.
The complainants are directed to pay Rs.5.39 lacs to the Opposite Party by 22.07.2015 and the OP is directed to complete the work of the flat as per para 5(j) I to V of the complaint petition and handover possession of the flat to the complainants by 21.08.15 and furnish compliance report before this Forum by 24.08.15.
There will be no order as to compensation and cost.
Let a plain copy of this order be made available and be supplied free of cost, to each of the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgment / be sent forthwith under ordinary post to the concerned parties as per rules, for information and necessary action.
Member Member President
District Consumer Disputes District Consumer Disputes District Consumer Disputes
Redressal Forum. Redressal Forum. Redressal Forum.
Murshidabad. Murshidabad. Murshidabad.
