In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No. 143 / 2011.
1) Sri Haralal Majumder,
1/1, Jadu Bhattacharjee Lane, Kolkata-26. ---------- Complainant
---Versus---
1) Smt. Suvra Dutt and
2) Sri Gautam Kumar Dutt
Both of 40, Sadananda Road, Kolkata-700026. ---------- Opposite Party
Present : Sri Sankar Nath Das, President.
Smt. Jhumki Saha, Member.
Dr. A. B. Chakraborty, Member
Order No. 1 1 Dated 2 0 / 0 3 / 2 0 1 2 .
The petition of complaint u/s 12 has been filed by the complainant Sri Haralal Majumder against the o.ps. Smt. Suvra Dutta and Sri Gautam Kr. Dutta. The case of the complainant in short is that complainant was residing as tenant in a flat at premises no.1/1 Jadu Bhattacherjee lane, Kolkata. O.ps. purchased the said land from the owner of the premises for construction of flat. On 7.7.06 Complainant entered into an agreement with o.ps. for purchase of a flat measuring 844 sq.ft. in the 1st floor at a consideration of Rs.4,64,200/- out of which Rs.3,70,000/- has already been paid by him. Complainant took possession of the incomplete flat on being assured by o.ps. to get the unfinished job done by complainant and the expenditure for the same will be adjusted from the balance amount of Rs.94,200/- and accordingly, complainant got the unfinished job completed at a cost of Rs.1,88,231/- and claimed Rs.94,031/- more from o.ps. Thereafter complainant insisted o.ps. to get the flat registered despite huge pursuant o.ps. did not pay heed to the request of complain ant. Hence the instant case.
Both the o.ps. did not enter their appearance in this case by filing w/v, so the case was heard ex parte.
Decision with reasons:-
We have gone through the pleadings of the parties, evidence and documents in particular and we are of the view that the evidence of complainant has remained unchallenged since o.ps. did not contest the case and the evidence of complainant as remained unrebutted. But complainant has not furnished any statement of account showing an expenditure incurred by him for Rs.1,88,231/- and as such, claim paid by complainant for balance amount from o.ps. is not sustainable. As such, we are of the view that the prayer made by complainant deserves consideration since o.ps. are found having gross deficiencies being service provider to their consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the instant case is allowed ex parte against o.ps. with cost. O.ps. are jointly and severally directed to get the flat registered in favour of complainant and to hand over the completion certificate from Kolkata Municipal Corporation and make arrangement of water supply system and are further directed to complete the flat in all respect as per agreement between the parties. O.ps. are hereby directed to pay compensation of Rs.15,000/- (Rupees fifteen thousand) only to complainant for his harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of complainant till full realization.
Supply certified copy of this order to the parties.
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MEMBER MEMBER PRESIDENT
