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.128 / 2010.
1) Sri Monoj Hazra,
2) Smt. Debjani Hazra,
Both of N-4/1, Fathepur 1st Lane,
P.O. Gardenreach, P.S. Metiabruz, Kolkata-24 and
J-225, Paharpur Road, P.S. Gardenreach, Kolkata-24 ---------- Complainant
---Versus---
1) Sri Tapas Kumar Ghosh,
2) Sri Apurba Kumar Ghosh,
Both of J-225/A/1, Paharpur Road,
P.S. Gardenreach, Kolkata-24 ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Samiksha Bhattacharya, Member
Order No. 30 Dated 07-06-2013.
The case of the complainants in short is that complainants approached to the o.ps. with a proposal to sell out a self contained float to be completed over the said premises bearing premises no.J-225, Paharpur Road, P.S. Gardenreach, Kolkata-24.
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-Paganas.
In view of the proposal and acceptance of selling out a flat morefully described in the ‘B’ schedule of the instant application the vendor placed a sanctioned plan over the said premises issued by the KMC bearing no.41 (B-XV) 2003-04 dt.21.10.03 and assured the complainants that they 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 purchasers even before the registration provided that the entire amount and the consideration money of the flat / flats is to be paid to the o.ps. by the in tending 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 o.ps. and they would issue the completion certificate and all other relevant and necessary work of the proposed flat / flats to the purchaser / purchasers and also produce the original title deed and all other relevant documents, KMC certificate 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 complainants, complainants on good faith have entered into an agreement with the o.ps. for purchasing a flat measuring 809 sq.ft. which being the super built up area situation at the north-west side of the building of 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.6,21,000/- which being the full and final and the fixed consideration money of the said flat, described hereunder at the second schedule property and the said agreement was executed by and between the complainants as the purchasers and the o.ps. as the vendors / builders in presence of the witnesses.
In view of the said agreement dt.8.6.07 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 809 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.8.6.07 at a consideration money of Rs.6,21,000/- with the proportionate undivided share of the first schedule properly.
O.ps. shall provide and/or deliver the copies of all related papers to the purchasers so that the purchasers could get any loan or financial help as the complainant no.1 is a govt. employee and he cannot afford to purchase the said flat from his own capacity.
As per the said agreement for sale the purchasers have already deposited Rs.2,90,000/- 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.3,31,000/- would be paid by the purchaser-complainant before Aug. 2007.
O.ps. thereafter caused an intentional delay in completion of the said building and complainants were going on requesting the o.ps. for delivery of relevant documents as well as the other necessary papers so that the complainants would apply before his employer to get loan for purchasing the said flat but o.ps. voluntarily started to non co-operate with the complainants and refused to hand over those documents.
The complainant from his own capacity and taking some private loan have managed to pay the entire amount of Rs.6,21,000/- to the vendors-o.ps. and those payment were made in cheques and which are duly encashed and acknowledged by o.ps.
Complainants were very much in need to get an immediate accommodation of the said flat in question and for which requested the o.ps. –builders to deliver the possession of the said flat in question but o.ps. asked the complainant to pay some further amount of Rs.2,19,000/- for making the flat registered in favour of the complainants which includes the cost of registration, stamp duty and advocate’s charges and extra work for modern accessories and finished kitchen etc. and for which complainants have paid an additional amount of Rs.2,19,000/- to the o.ps. so that it could be registered immediately and the possession of the second schedule flat has been delivered to the complainants on 15.11.07.
Complainants on several occasion requested the o.ps. to comply with the terms and conditions of the agreement for sale dt.8.6.07 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 complainants approached to the o.ps. with a proposal to sell out a self contained flat to be completed over the said premises bearing premises no.J-225, Paharpur Road, P.S. Gardenreach, Kolkata-24.
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-Paganas.
And in view of the proposal and acceptance of selling out a flat morefully described in the ‘B’ schedule of the instant application the vendor placed a sanctioned plan over the said premises issued by the KMC bearing no.41 (B-XV) 2003-04 dt.21.10.03 and assured the complainants that they 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 purchasers even before the registration provided that the entire amount and the consideration money of the flat / flats is to be paid to the o.ps. by the in tending purchaser or purchasers.
It transpires from the record that over the said assurance and being primarily satisfied over the discussion , negotiation and documents placed before the complainants, complainants on good faith have entered into an agreement with the o.ps. for purchasing a flat measuring 809 sq.ft. which being the super built up area situated at the north-west side of the building of 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.6,21,000/- which being the full and final and the fixed consideration money of the said flat, described hereunder at the second schedule property and the said agreement was executed by and between the complainants as the purchasers and the o.ps. as the vendors / builders in presence of the witnesses.
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 o.ps. and they would issue the completion certificate and all other relevant and necessary work of the proposed flat / flats to the purchaser / purchasers and also produce the original title deed and all other relevant documents, KMC certificate etc. to the purchaser or purchasers before final registration of the flat or flats to be booked by the intending purchaser or purchasers.
And in view of the said agreement dt.8.6.07 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 809 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.8.6.07 at a consideration money of Rs.6,21,000/- with the proportionate undivided share of the first schedule properly.
We find that o.ps. thereafter caused an intentional delay in completion of the said building and complainants were going on requesting the o.ps. for delivery of relevant documents as well as the other necessary papers so that the complainants would apply before his employer to get loan for purchasing the said flat but o.ps. voluntarily started to non co-operate with the complainants and refused to hand over those documents.
Further case of the complainant is that o.ps. shall provide and/or deliver the copies of all related papers to the purchasers so that the purchasers could get any loan or financial help as the complainant no.1 is a govt. employee and he cannot afford to purchase the said flat from his own capacity.
And as per the said agreement for sale the purchasers have already deposited Rs.2,90,000/- 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.3,31,000/- would be paid by the purchaser-complainant before Aug. 2007.
It also transpires that the complainant from his own capacity and taking some private loan have managed to pay the entire amount of Rs.6,21,000/- to the vendors-o.ps. and those payment were made in cheques and which are duly encashed and acknowledged by o.ps.
It is also seen that complainants were very much in need to get an immediate accommodation of the said flat in question and for which requested the o.ps. –builders to deliver the possession of the said flat in question but o.ps. asked the complainant to pay some further amount of Rs.2,19,000/- for making the flat registered in favour of the complainants which includes the cost of registration, stamp duty and advocate’s charges and extra work for modern accessories and finished kitchen etc. and for which complainants have paid an additional amount of Rs.2,19,000/- to the o.ps. so that it could be registered immediately and the possession of the second schedule flat has been delivered to the complainants on 15.11.07.
From the record we find that complainants on several occasion requested the o.ps. to comply with the terms and conditions of the agreement for sale dt.8.6.07 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 their consumers / complainants and complainants are 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.8.6.07 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 complainants 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.20,000/- (Rupees twenty 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.
