DIST. CONSUMER DISPUTES REDRESAL FORUM
NORTH 24 Pgs., BARASAT.
C. C. CASE NO. 65/2015
Date of Filing: Date of Admission Date of Disposal:
22.01.2015 06.02.2015 14.09.2015
Complainant = Vs. = O.Ps.
1. Smt. Sutapa Manna 1. Sumangal Developers
W/o. Sri Subrata Manna a partnership firm having its office
resident of Flat G4, Ground Floor, at 120, Bangur Avenue, Block-C,
Block-I, Saheb Bari Apartment, Kolkata-700055.
No-1, Dakshin Para Road, being represented by its two
P.S.-Dum Dum, partners:-
Dist-North 24 Parganas a) Smt. Kanta Goenka
Kolkata-700028 W/o. Late Vijoy Kumar Goenka
S/o. Late Hukum Chand Goenka
Residing at 120, Block-C,
Bangur Avenue, Kolkata-700055.
b) Binod Kumar Agarwal
S/o. Late Kaluram Agarwal
Residing at 39, Sambunath Pandit
Street, Kolkata-700025.
….….….….….Developers/Promoter
2. Smt. Rekha Ghosh
W/o. Arun Kumar Ghosh
3. Smt. Ramola Majumder
D/o. Lt. Sailendra Nath Majumder
4. Sri Kalyan Majumder
5. Sri Saruindra Nath Majumder
6. Sri Subir Majumder
All are
S/o. Lt. Sailendra Nath Majumder
And all are residing at No-1,
Dakshin Para Road,
Kolkata-700028.
….….….….….…..Owners/Proforma OP
Advocate Name for the complainant:- Rahul Sarkar
Advocate Name for the OPs:- X
P R E S E N T :- Smt. Bandana Roy........................President
:- Sri Rabideb Mukhopadhyay….….….….Member
Dictated and corrected Contd. …. 2/-
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J U D G E M E N T
Facts of the case, in short, is that the OP is a partnership firm with two partners named above for the purpose of building constructions etc, and they are, thus, the builders, developers and contractors and promoters and they have constructed the residential multistoried building upon the lands as described in the scheduled-A which belongs to the owners namely OP Nos. 2 to 6, in the absolute right, title and interest. It may be stated and mentioned in this connection that the OP No-1 enter into a development agreement with the proforma OPs 2 to 6 on 15th Match, 2001.
Complainant stated that the OP No-2 to 6 are the joint owners/vendors of the measuring 22 cottahs little more or less where the (G+4) multistoried building (Block-I and Block-II) consisting of several residential flats and also the garages and car parking space and also commercial shops has been constructed in the name of “SAHEB BARI” Apartments by SUMANGAL DEVELOPERS associated with the OP No-1, by virtue of a registered power of attorney duly executed on 19.12.2000 before the Additional Registrar of Assurances recorded in book No-IV, Volume No-63, Pages-54 to 63, Being No-3664 for the 2000 and thereby enumerated the significance of transfer of the rights and liberties to work smoothly without any encumbrances. By getting that power the OP Nos. 1 and 2 has fraudulently started cheating and harassing with the complainant along with the other flat owners/purchasers of the said apartment.
Complainant also stated that the complainant in the course search came and upon their choice agreed to purchase their own residential accommodation flat which is fully described in the schedule-B for a total consideration of Rs 9, 00, 000/- and entered into an agreement for sale on 09.01.2009, when the complainant paid Rs 2, 15, 760/- in advance and rest of the total sum of the consideration money i.e. Rs 12, 22, 640/- paid thereafter on the execution of the deed of conveyance by and between the parties, namely the complainant on the one hand the purchaser and the OP No-1, and the owners of the land, namely, the OP No-2 to 6 executed and registered the proper sale deed dated 18.10.2010.
Complainant also stated that in terms of the West Bengal Municipal Act, and the rules framed there under, the OP No-1 is bound to obtain occupancy certificate and the completion certificate as well, and although repeated request of the complainant the OP No-1 has deliberately failed and neglected to obtain that from the Concerned Municipal Authority, and the also failed to supply such documents to the Consumer-complainant. They made the Consumer-Complainant to believe false and fabricated promises.
Dictated and corrected Contd. …. 3/-
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Complainant further stated that the humble consumers-complainants could not make the application for “mutation” of their names for the said residential flat to the appropriate authority of the Dum Dum Municipality which demanded and wanted those certificates like occupancy certificate and the completion certificate and without which they refused to allow mutation.
Complainant stated that the humble consumers-complainants along with other flat-owners of the complex approached the local Councilor of the Dum Dum Municipality sometime on or about 19.02.2012 but, unfortunately, there has been not taken any manner of step whatsoever in the subject matter of the grievance.
Complainant also stated that with shock and surprise the consumers-complainants and other flat owners of the SAHEB BARI Apartment came to learn with shock and surprise that they will be required to pay a further sum of Rs 75, 000/- for recording and mutating their names in the relevant register of the municipality as there has been deficiency in completing and/or erecting the said building construction as per sanctioned municipal plan.
Complainant further stated that the OP No-1, the developer/promoter/contractor has caused the deficiency in service and guilty of negligence for any such deviation in the matter of the construction of the building the departure from the sanctioned plan and further its failure to provide with the Occupancy Certificate and Completion Certificate.
Complainant also stated that the complainant have suffered great mental agony and harassment as a result of the negligence and deficiency in service for which the Consumer-Complainant are entitled to be compensated and, thus, claim the compensation amount of Rs 1, 00, 000/- from the OPs. Hence the complaint.
OPs did not turn up to contest the case.
Point for Decision:-
Whether the complainant is entitled to get any relief as prayed for?
Decision
We have perused the complaint, documents and evidence in chief field by the complainant. As OPs did not turn up to contest the case. The case of the complainant is established uncontroverted. Accordingly the complainant is entitled to get relief as prayed for.
Dictated and corrected Contd. …. 4/-
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Hence
Ordered,
that the complaint be and the same is allowed on exparte against the O.Ps.
OP Nos.-1, a) and b) are directed to make necessary rectification of the construction of the building with reference to the sanctioned building plan at its own cost within three months from the date of this order.
OP Nos.-1, a) and b) are further directed to get Completion Certificate from the concerned Municipality and to hand over same to the complainant within three months from the date of this order.
OP Nos.-1, a) and b) are further directed to pay compensation of Rs. 25,000/- and litigation cost of Rs 10, 000/- to the complainant within three months from the date of this order, failing which OP Nos.-1, a) and b) shall have to pay sum of Rs 100/- per day from the date of this order till its realization, as punitive damages, which shall be deposited by the OP Nos.-1, a) and b) in this State Consumer Welfare Fund.
Let copies of the order be supplied to the parties free of cost when applied for.
Member President
Dictated & Corrected by me.
