DIST. CONSUMER  DISPUTES  REDRESAL  COMMISSION

NORTH 24 Pgs., BARASAT.

C.C. No. 84/2019

Date of Filing:                      Date of Admission:             Date of Disposal:

                  19.03.2019                                    27.03.2019                           14.09.2023

P R E S E N T                      :- Smt. Sukla Sengupta………………President.

:- Smt. Monisha Shaw.……………… Member.

                                       :- Sri.  Abhijit Basu …………………. Member.    

JUDGMENT

             This complaint is filed by the Complainant U/s 12 of the Consumer Protection Act, 1986 alleging deficiency in service as well as unfair trade practice against the OP as the OP did not take any step to redress his grievance till filing of this complaint.

          The Complainant state that the Complainant Smt. Chameli Majumder agreed to purchase a residential flat measured about 580 sq.ft. as covered area, flat no. 4/D, 3^rd floor at 2/1, S. K. Banerjee Road in Sharmishtha Apartment, P.O. – Khardah, Kolkata – 700117 by paying the full consideration amount of Rs. 9,00,000/- out of total consideration amount of Rs. 9,00,000/- through a declaration - cum - money receipt signed and accepted by developer Uttam Kumar Ganguly. After booking the aforesaid property the Complainant got the possession from the Developer Uttam Kumar Ganguly. He agreed to execute the deed of conveyance within a month from the date of possession. But unfortunately the said developer Uttam Kumar Ganguly died suddenly and the legal heirs of Uttam Kumar Ganguly, Ujjal Ganguly (Son) O.P No. 1 and the landowner Shaymsundar Ganguly refused to execute the deed of conveyance in favour of the Complainant which is unfair.

          The Complainant requested on several times to the both Opposite Parties to execute the deed of sale but they do not bother to do so. At that time the Opposite Party No. 1 send a legal notice by Ld. Advocate Promotesh Sarkar on 19/03/2018 refusing of the payment or possession hand over but asked to vacate the flat. The Complainant also stated that suddenly the Opposite Party No. 1 with anti-social to vacate the flat without any reason. So the Complainant filed a general diary on 12/06/2018 in Khardah Police Station against the said anti-socials. In the compelling situation, the Complainant rushed post to pillar and having no other option left she sent a legal notice through their Ld. Advocate Mr. Samaresh Ghosh firstly on 24/07/2018 and 29/08/2018 requesting the O.P No. 1 but they refused to do so.

Contd/-2

C.C. No. 84/2019

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 Having no other alternative, the Complainant lodged this case on 11/07/2022 before this Commission, D.C.D.R.C., Barasat, North 24 Parganas for his proper redressal. It is evident from the record that after receiving the said notice the OPs did not appeared before this Commission.   

 ‘A’ SCHEDULE PROPERTY

          All that piece and parcel of 580 sq.ft. as covered area, being flat no. 4/D, 3^rd floor at 2/1, S. K. Banerjee Road in Sharmishtha Apartment, P.O. – Khardah, Mouza – Khardah, J. L. No. 2, R. S. No. 18, Touzi No. 217, L.R. Dag No. 4031, 4033 under L. R. Khatian No. 2037, 4422, 4999 under Khardah Municipality, Ward No. 14, Holding No. 2/1, S. K. Banerjee Road in the District of North 24 Parganas.

Prayer of the Complainants:-

1. The O.Ps jointly or severally be directed to execute the deed of conveyance of the ‘A’ schedule property with damages of Rs. 50,000/-.
2. Appointment of an Engineer / Advocate Commissioner for adjudicating the present position of the ‘A’ schedule property.
3. The O.Ps jointly or severally be directed to pay the following amount on the following heads to this Complainants as and by way of compensation.
4. For mental agony, pain, anxiety and unnecessary harassment Rs. 10,00,000/-, litigation cost of Rs. 50,000/-
5. Any other relief or reliefs to which the Complainants are entitled to get under law, equity and natural justice.

Following issued were framed for the purpose of decision:-

1. Whether the complaint is maintainable or not?
2. Whether the Complainant is entitled to get relief / reliefs in this case.

Decision with reasons:-

Considering the facts and circumstances as well as nature and character of this case all the points are interlinked to each other and as such all the points are taken up together for consideration for the sake of brevity and convenience.

We have perused the complaint with affidavit filed by the Complainant. We have perused the copy of the money receipt along with copy which was provided by the O.P member with the supporting affidavit and other documents filed by the Complainant.

Contd/-3

C.C. No. 84/2019

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From this evidence and also documents and money receipt also it is clear that the Complainant paid total consideration amount of Rs.9,00,000/- to the O.P developer Uttam Kumar Ganguly (developer), and the O.P signed in the money receipt and it is also clear that the Complainant is in possession but there is no registration of the flat.

The discussed points bear positive results. As such we are of the view that the Complainant is entitled to receive her prayer and she is also entitled to other relief/reliefs and that will be reflected in the ordering portion.

Thus all the points are disposed of accordingly.

Hence, for ends of justice:

It is Ordered

That the instant case being no.CC-84/2019 be and the same is allowed exparte against the O.Ps with cost of Rs.10,000/-.

The O.Ps jointly or severally are directed to execute the Deed of Conveyance of the A schedule property within 3 months from the date of delivery of judgment. The O.Ps jointly or severally are also directed to pay the litigation cost of Rs.5,000/- to the Complainant within 3 months from the date of delivery of judgment.

In default the Complainant is at liberty to put this decree into execution according to law.

Let plain copy of this order be given to the parties free of cost as per the CPR, 2005.

Dictated & Corrected by

        Member                                                                                                               

        Member                                     Member                        President

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