THE PRESIDENT

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

WEST TRIPURA : AGARTALA

 

CASE No. CC- 84 of 2021

 

1. Sri Kshitish Ch. Debnath,

S/O- Late Kamini Mohan Debnath.

 

2. Sri Sourabh Roy,

S/O- Sri Gopal Krishna Roy.

 

3. Smt. Minati Raha,

W/O- Late Haripada Raha.

 

4. Sri Goutam Nag,

S/O- Late Nani Gopal Nag.

 

5. Sri Partha Sarathi Banik,

S/O- Late Plukuda Ch. Banik.

 

6. Sri Narayan Debnath,

S/O- Late Nani Gopal Debnath.

 

7. Smt. Seuli Banik,

W/O- Partha Sarathi Banik.

 

8. Smt. Shila Debbarma,

D/O- Sri Rabi Debbarma.

 

9. Sri Pritam Basu Roy,

S/o- Late Shyamal Basu Roy.

 

10. Sri Subhrajit Paul,

S/O- Swapan Paul.

 

11. Sri Abhijit Paul,

S/o- Late Swapan Paul.

 

12. Smt. Panchatapa Das,

W/O- Sri Prabir Das.

 

All are resident of

''Satyandra Arati Apartment' 

Debendra Debnath Road, 

Dhaleswar, Agartala, 

P.O. Dhaleswar, 

P.S. East Agartala, 

District- West Tripura. 

Pin- 799007. ..….................Complainants.

 

-VERSUS-

 

1. Suchana Builders, 

Located office at

Dhaleswar Road.18, 

Dhaleswar,  Agartala, 

P.S. East Agartala, 

District- West Tripura-799007.

(Agartala Municipal Corporation 

Reg. No. 03/16/286 dated 29.03.2006).

 

2. Sri Dhiraj Saha,

S/O- Sri Dhirendra Chandra Saha,

Resident of Dhaleswar Road No. 3, 

Agartala, P.O. Dhaleswar, 

P.S. East Agartala, 

District- West Tripura-799007.

(Partners of Suchana Builders, 

Agartala Municipal Corporation 

Reg. No.03/16/286, dated 29.03.2006).

 

3. Sri Niranjan Podder,

S/O- Late Ratan Lal Podder, 

Dhaleswar Road No. 18, 

Agartala, P.O. Dhaleswar, P.S. East Agartala,

District- West Tripura, Pin-799007.

(Partners of Suchana Builders, 

Agartala Municipal Corporation 

Reg. No. 03/16/286 dated 29.03.2006). .................Opposite Parties.

 

 

 

         __________PRESENT__________

 

 SRI RUHIDAS PAL

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL COMMISSION

      WEST TRIPURA, AGARTALA. 

 

Dr (SMT) BINDU PAL

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL COMMISSION

  WEST TRIPURA,  AGARTALA.

 

SRI SAMIR GUPTA,

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL COMMISSION

  WEST TRIPURA,  AGARTALA.

 

 

C O U N S E L

 

For the Complainant : Sri Sampad Choudhury,

  Learned Advocate.

  

For the O.P.  : Ex-parte.

 

 

 

JUDGMENT  DELIVERED  ON :  29.06.2022

 

J U D G M E N T

The complainants filed this case U/S 35 of the C.P. Act, 2019 against the Opposite parties(in short O.Ps) for deficiency in service on part of the O.Ps.

The Complainants' case in short is that all the complainants are citizens of this state having their home and hearth at ''Satyendra Arati Apartment'' Debendra Debnath Road, Dhaleswar, Agartala, P.O. Dhaleswar, P.S. East Agartala, District- West Tripura. It is stated in their petition that the O.P. No.1 is a Partnership Firm registered under the name and style ''Suchna Builders'' registered under Agartala Municipal Corporation vide reg. No. 03/16/286 dated 9.03.2006. the registered office of the O.P. No.1 is at Dhaleswar Road No. 18, Agartala West Tripura. The O.P. No.2 and 3 are the partners of O.P. No.1. The O.P. being the partnership Firm had entered into an registered Development Agreement through its partners i.e., the O.P. No.2 and 3, with Smt. Arati Debi, W/O- late Satyendra Ch. Bhaumik. Resident of ''Satyendra Arati Apartment''. Debendra Debnath Road, Dhaleswar Agartala, West Tirpura for constructing flat under the name and style ''Satyendra Arati Apartment'' lying and situated at Mouja Agartala Sheet No.21, Tahashil Agartala East under Khatiyan No.1202, touji No. 9926, old (CS) Plot Nos. PB 272, 565-19191(P), PB 147, 272, 565-19191(P), New (RS) Plot Nos. 2866, 2867, land measuring 0.1032 Acre, classified as bastu(Nal) Class of land bearing AMC holding No.53/338, house No.167485, Ward no.16. After construction of the building, both the partners of Suchna Builders and Smt. Arati Debi executed a Deed of Sale in favour of the complainants and also handed over the possession of their respective flats. At the time of handing over the title of the flats as well as possession the O.P. No.2 and 3 assured all the purchasers i.e., the present complainants that some pending works of ''Satyendra Arati Apartment'' building such as:

a. installation of lift and ensure its functioning,

b. allotment of individual car parking area(garage) 

c. painting of common area, 

d. completion of boundary wall,

e. renovation of slab in front gate,

f. proper earthing for lift and electricity, 

g. supply of water portable purified,

h. construction of security guard room,

i. completion certificate from AMC,

j. power backup(generator),

k. water proofing of damaged rooftop, 

 

and others will be completed within few months and accordingly the complainants herein agreed with the assurance of the O.Ps and took the possession of their respective flats. After possession of the flats the O.Ps are trying to escape from their liabilities and avoiding the demand for completion of pending works. On several occasion complainants sent reminders to the O.Ps but the O.Ps did not pay any heed. On 28.10.2017 a general body meeting of flat owners of ''Satyendra Arati Apartment'' was held and in that meeting both the O.Ps assured to complete all the pending works within specified time as mentioned in the resolution dated 28.10.2017. Thereafter the O.Ps did not complete any of the pending works. Complaints again sent reminder letter dated 06.07.2020 to the O.Ps demanding completion of unfinished works of the apartment within 31.07.2020 but inspite of this O.Ps refrain themselves from the legal liability to complete the unfinished works of the construction. Finally the complainant being helpless condition and finding no other alternative sent Legal Notice dated 04.08.2020 demanding completion of unfinished works of the construction within 15 days from the date of receipt of the legal notice. But till date the O.Ps did not respond. Hence this case.

2. After receiving notice from this Commission the O.Ps did not turn up and accordingly an order was passed to proceed exparte against the O.Ps dated 10.12.2021.

3. EVIDENCE ADDUCED BY THE COMPLAINANT:-

Complainants adduced evidences by way of affidavit of all the 12 nos. of complainants. They also submitted some documents that is photocopies of Sale Deed(unexhibited).   

4. POINTS TO BE DETERMINED: - 

(i) Whether the complaint petition is maintainable in law as well as in the present form?

(i) Whether there is deficiency of service on the part of the O.Ps?

  (ii) Whether the complainant is entitled to get compensation/ relief as prayed for?

 

5. On the date of arguments Learned Counsel of the complainants was absent. Accordingly, this complaint is decided on merit.

6. DECISION AND REASONS THEREOF:-  

All the complainant in their examination in chief on affidavit almost stated similar version as stated in their complaint petition. So, it is not necessary to discuss all the depositions submitted by the complainants. 

We are taking only the oral evidence adduced by P.W.1, Sri Khitish Ch. Debnath. In his examination in chief at Para-3 he stated that O.P. No.1 being a partnership firm had entered into an registered development agreement through its partner i.e., O.P. No.2 and 3 and with Smt. Arati Debi wife of Late Satyendra Ch. Bhowmik for constructing flat under the name and style of ''Satyendra Arati Apartment'' lying and situated at Mouja- Agartala, sheet No.21 bearing AMC holding No.53/338 house No.167485 ward No. 16. At Para- 4 he stated that after completion of the construction of building both the partners of ''Suchna Builders'' and Smt. Arati Deb executed the Deed of Sale in favour of him and other complainants of this case and also handed over the possession of their respective flats. At Para-5 it is stated that at the time of handing over the title of the flats as well as possession the O.P. No.2 and 3 assured all the purchasers that some pending works and others will be completed within few months. And accordingly he and other complainants bonafidely agreed with the assurance of the O.Ps and took possession to their respective flats. At Para-7 he stated that both the O.P. No.2 and 3 did not complete any of the pending works which are mentioned in the complaint. 

7. We have perused the complaint petition as well as the oral evidences submitted from the side of the complainants. From the oral evidence we find that complainants had taken over their possession after completion of the construction of the building and O.Ps have executed the Deed of Sale in favour of them individually. It is alleged that the O.Ps No.2 and 3 gave assurance to the purchaser that they will compete the pending works but in this respect no documents are submitted from the side of the complainant. The list of pending works which are mentioned are installation of lift and allotment of car parking, painting of common area, completion of boundary wall, supply of water portable, construction of security guard room, completion certificate from AMC, Power backup, water proofing of damaged rooftop etc.

8. From the complaint petition as well as from the oral evidences we find that complainants are demanding completion certificate from AMC but in the instant case AMC is not made a party. In our opinion, AMC is a necessary party for filing this complaint. Since, AMC is not made a party, the complaint is bad for non-joinder of necessary party.

9. From the complaint petition as well as from the oral evidences we find that there was an oral agreement/ assurance given by the O.Ps. The facts and nature of the case speaks that it is a case of specific performance of a contract which is a civil nature case. A suit of civil nature can not be decided by Consumer commission. So, we are in the opinion that the complaint is not maintainable in law and its present form. Accordingly, other issues are also decided in the negative. In the result the complaint is dismissed. No costs.  Supply copy of this to both the parties free of costs.

 

Announced.

 

Sd/-

SRI R. PAL

PRESIDENT, 

DISTRICT CONSUMER  

DISPUTES REDRESSAL COMMISSION,

WEST TRIPURA, AGARTALA. 

 

SD/-

 

Dr (SMT) B. PAL

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL COMMISSION, 

  WEST TRIPURA,  AGARTALA.

SD/-

 

SRI SAMIR GUPTA,

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL COMMISSION

  WEST TRIPURA,  AGARTALA.