In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No.129/2010
1) Sri Kali Charan Shaw,
O-175/2, Diwan Bagan Lane,
P.S. Metiabruz, Kolkata-24 and
J-225, Pharpur Road,
P.S. Gardenreach, Kolkata-24. ---------- Complainant
---Versus---
1) Sri Tapas Kumar Ghosh,
2) Sri Apurba Kumar Ghosh,
Both residing at J-255/A/1, Paharpur Road,
P.S. Garden Reach, Kolkata-24. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Samiksha Bhattacharya, Member
Order No. 28 Dated 07-06-2013
The case of the complainant in short is that complainant is the law abiding citizen of India and for a long time is looking for a self con tents modern flat. O.ps. were engaging themselves as a builders for construction of a multi-storied building with an intention to sell it to different purchaser or purchasers in a good marketable prices.
O.ps. placed the documents of photocopies regarding right title and interest over the said plot of land where a multi storied building is going to be constructed and the same is situated under Mouza – Gardenreach, Touji no.67, Sheet no.107, Municipal Survey Sheet no.112 under Khatian no.157, comprised in Dag no.288 and 289 under KMC ward no.133 being premises no.J-225, Paharpur Road, P.S. Gardenreach, Kolkata-24 measuring an area of 4 cottahs 1 chittak more or less under District of South 24-parganas.
In view of the proposal and acceptance of selling out a flat, morefully described in the Second Schedule of the instant application the vendor placed a sanctioned plan over the said premises issued by KMC bearing no.41 (B-XV) 2003-04 dt.21.10.03 and assured the complainant that would complete the building which being a four storied building very shortly and also made it complete for delivery of the said flat to the intending purchaser or even before the registration provided that the entire amount and the consideration money of the flat / flats is to be paid to the vendors-o.ps. by the intending purchaser or purchasers.
O.ps. also assured that before registration of the flat or flats to the intending purchasers a formal agreement would be made and the amounts / part of considerable money to be paid in part to the vendors-o.ps. and they would issue the completion certificate and all other relevant an necessary work of the proposed flat / flats to the purchaser or purchasers and also produce the original title deed and all other relevant documtns, KMC certificates etc. to the purchaser or purchasers before final registration of the flat or flats to be booked by the intending purchaser or purchasers.
Over the said assurance and being primarily satisfied over the discussion, negotiation and documents placed before the complainant, the complainant on good faith have entered into an agreement with the o.ps. for purchasing a flat measuring 690 sq.ft. which being the super built up area situated at the south-eastern side on the 3rd floor situated over the first schedule property which being the total property on which the proposed building was then being constructed at the premises at 225, Paharpur Road, P.S. Gardenreach, Kolkata-24 at a total consideration money of Rs.7,24,500/- which being the full and final and the fixed consideration money of the said flat, described hereunder at the second schedule property.
In view of the said agreement dt.27.9.06 it was also agreed by and between the parties to bound themselves till the completion of the registration and delivery of possession of the said flat on the following terms and conditions – that the flat in question to be sold by the o.ps. to the complainant would be measured 690 sq.ft. as super built up area with all facilities as specified as the common areas with other flat owner / owners and specially be constructed as per third schedule of the said agreement for sale dt.27.9.06 at a consideration money of Rs.7,24,500/- with the proportionate undivided share of the first schedule properly.
As per the said agreement for sale the purchaser has already deposited Rs.1,50,000/- as per memo of consideration stated in the said agreement for sale from the purchaser’s own capacity as the earnest money to the vendors-o.ps. and it was also agreed the remaining Rs.5,74,500/- would be paid by the purchaser-complainant before Dec. 2006 though the complainant further prayed some amount in part by part to the o.ps.
The complainant from his own capacity and taking some private loan have managed to pay the amount of Rs.6,45,000/- in total to the vendors-o.ps. and those payment were made in cheques and complainant craves leave to produce all relevant documents and the photocopies of such payment at the time of hearing of the instant petition.
Complainant on several occasion requested the o.ps. to comply with the terms and conditions of the agreement for sale and after doing the providing all such relevant work and delivery of documents required for the purpose of registration, o.ps. did not care of the same and even fail to provide relevant clearance and necessary work of the said flat in question as well as the building. Hence the case was filed by the complainant with the prayer contained in the petition of complaint.
O.ps. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.ps. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.
Decision with reasons:-
We have gone through the pleadings of the parties, evidence and documents in particular and we find that complainant is the law abiding citizen of India and for a long time is looking for a self con tents modern flat. O.ps. were engaging themselves as a builders for construction of a multi-storied building with an intention to sell it to different purchaser or purchasers in a good marketable prices.
We further find that o.ps. placed the documents of photocopies regarding right title and interest over the said plot of land where a multi storied building is going to be constructed and the same is situated under Mouza – Gardenreach, Touji no.67, Sheet no.107, Municipal Survey Sheet no.112 under Khatian no.157, comprised in Dag no.288 and 289 under KMC ward no.133 being premises no.J-225, Paharpur Road, P.S. Gardenreach, Kolkata-24 measuring an area of 4 cottahs 1 chittak more or less under District of South 24-parganas.
In view of the proposal and acceptance of selling out a flat, morefully described in the Second Schedule of the instant application the vendor placed a sanctioned plan over the said premises issued by KMC bearing no.41 (B-XV) 2003-04 dt.21.10.03 and assured the complainant that would complete the building which being a four storied building very shortly and also made it complete for delivery of the said flat to the intending purchaser or even before the registration provided that the entire amount and the consideration money of the flat / flats is to be paid to the vendors-o.ps. by the intending purchaser or purchasers.
It is seen from the record that o.ps. also assured that before registration of the flat or flats to the intending purchasers a formal agreement would be made and the amounts / part of considerable money to be paid in part to the vendors-o.ps. and they would issue the completion certificate and all other relevant an necessary work of the proposed flat / flats to the purchaser or purchasers and also produce the original title deed and all other relevant documents, KMC certificates etc. to the purchaser or purchasers before final registration of the flat or flats to be booked by the intending purchaser or purchasers.
It transpires from the record that as per the said agreement for sale the purchaser has already deposited Rs.1,50,000/- as per memo of consideration stated in the said agreement for sale from the purchaser’s own capacity as the earnest money to the vendors-o.ps. and it was also agreed the remaining Rs.5,74,500/- would be paid by the purchaser-complainant before Dec. 2006 though the complainant further prayed some amount in part by part to the o.ps. And the complainant from his own capacity and taking some private loan have managed to pay the amount of Rs.6,45,000/- in total to the vendors-o.ps. and those payment were made in cheques and complainant craves leave to produce all relevant documents and the photocopies of such payment at the time of hearing of the instant petition.
It also seen that over the said assurance and being primarily satisfied over the discussion, negotiation and documents placed before the complainant, the complainant on good faith have entered into an agreement with the o.ps. for purchasing a flat measuring 690 sq.ft. which being the super built up area situated at the south-eastern side on the 3rd floor situated over the first schedule property which being the total property on which the proposed building was then being constructed at the premises at 225, Paharpur Road, P.S. Gardenreach, Kolkata-24 at a total consideration money of Rs.7,24,500/- which being the full and final and the fixed consideration money of the said flat, described hereunder at the second schedule property.
In view of the said agreement dt.27.9.06 it was also agreed by and between the parties to bound themselves till the completion of the registration and delivery of possession of the said flat on the following terms and conditions – that the flat in question to be sold by the o.ps. to the complainant would be measured 690 sq.ft. as super built up area with all facilities as specified as the common areas with other flat owner / owners and specially be constructed as per third schedule of the said agreement for sale dt.27.9.06 at a consideration money of Rs.7,24,500/- with the proportionate undivided share of the first schedule properly.
It is further seen from the record that complainant on several occasion requested the o.ps. to comply with the terms and conditions of the agreement for sale and after doing the providing all such relevant work and delivery of documents required for the purpose of registration, o.ps. did not care of the same and even fail to provide relevant clearance and necessary work of the said flat in question as well as the building.
In view of the findings above and on perusal of the entire materials on record we find that o.ps. had sufficient deficiency in service being service provider to its consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the case is allowed on contest with cost against both the o.ps. O.ps. are jointly and/or severally directed to comply the terms and conditions of the agreement dt.27.9.06 and to complete the flat as per schedule mentioned in the petition of complaint and are further directed to execute and register the deed of conveyance in favour of the complainant and to provide completion certificate and bank clearance required for the said registration and are further directed to pay to the complainant compensation of Rs.30,000/- (Rupees thirty thousand) only for 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 the complainant till full realization.
Supply certified copy of this order to the parties free of cost.
