order in housing matter by consumer commission

 

STATE CONSUMER DISPUTES REDRESSAL COMMISSION

WEST BENGAL

11A, Mirza Ghalib Street, Kolkata - 700087

 

Complaint Case No. CC/561/2016 ( Date of Filing : 14 Dec 2016 )

1. Gobinda Ghosh S/o Lt. Kamala Shankar Ghosh, 1/3, CIT Scheme no.VII-M, CMDA Abasan Ultadanga, Block-H, Flat no.29, 2nd Floor, Kolkata -700 054. 2. Mrs. Maya Ghosh W/o Gobinda Ghosh, 1/3, CIT Scheme no.VII-M, CMDA Abasan Ultadanga, Block-H, Flat no.29, 2nd Floor, Kolkata -700 054. ...........Complainant(s) Versus 1. M/s. Basukinath Abasan Pvt. Ltd. 19, Amartalla Street, Kolkata - 700 001. 2. Siddhartha Churiwala, Dirctor, M/s. Basukinath Abasan Pvt. Ltd. 19, Amartalla Street, Kolkata - 700 001. ............Opp.Party(s)

 

BEFORE:
	HON'BLE MR. AJEYA MATILAL PRESIDING MEMBER
	HON'BLE MRS. SOMA BHATTACHARJEE MEMBER

 

PRESENT:	Mr. Hirak Kumar Basu, Advocate for the Complainant 1

Dated : 03 Mar 2023

Final Order / Judgement

Hon’ble Mr. Ajeya Matilal, Presiding Member          Today is fixed for final hearing of the case.           Ld. Advocate for the complainant is present. None appears on behalf of the OPs on repeated calls. It is now 1:00 PM. The case is proceeding ex parte against the OP.           This a case u/s 12 of the Consumer Protection Act, 1986.           The complainants filed this case against the OPs with a prayer for execution of deed of conveyance in respect of the scheduled flat along with prayer for compensation and legal expenses.         The fact of the case is in short like that the OP No. 1 is a Pvt. Ltd. Company and the OP no. 2 is the Director of the OP no. 1/company. The OPs made an announcement for sale of a flat at Trinetra Apartment situated at No. 4E premises no. 61 Sukumar Ghosh Road (previously old Nimta Road) on the 4th floor, North Eastern Side measuring an area of 935 sq. ft. approximately including super built up area.           The flat is situated within the territorial jurisdiction of North 24 Parganas.          In this context an agreement for sale was executed by and between the complainants and OPs /developers. In terms of the agreement dt. 26.11.2010 the total consideration was Rs.12,15,500/-. The complainant paid Rs.12,15,500/- by different cheques. Furthermore, the complainants paid further sum of Rs. 13,000/- and 5,000/- for extra works and Rs. 2,800/- for incidental charges. As per agreement last day of April, 2011 was fixed for possession and registration of the flat along with a grace period of 6 months. The OPs already delivered possession of the said flat to the complainant but they did not execute and register the deed of conveyance as per agreement. In this context the complainants served legal notice on the OPs on 10.05.2016. But it did not yield any positive result. So, the complainants have filed this case. Complainants file some money receipts.       The OPs initially contested the case by filing a W.V denying the material allegations of the claim petition along with some technical pleas. In para no. 12, page no. 3 of the W.V the OPs admitted that they were still ready and willing to perform their contractual obligations. The complainants adduced their evidence by way of affidavit. The evidence was not challenged by OPs by way of cross-examination.        Perused the materials on record. Considered.         It would reveal from page 13 of the agreement that Rs. 12,15,500/- was payable by the complainant. It would reveal from the W.V that payment of consideration money has not been disputed by the OPs.      It appears from the aforesaid discussions that the complainant is a consumer and as per agreement for sale he paid up the entire consideration money and he also made some extra payments for extra works.  Although the OPs delivered the possession of the scheduled flat to the complainant but he did not execute and register any deed of conveyance. The complaint was filed on 26.12.2016 within the statutory period and it appears that there is cause of action for filing the complaint and there is deficiency in service on the part of the OPs and the complainants are entitled to relief as prayed for. So the case succeeds.  Hence it is ordered The complaint case being no. 561/2016 is allowed ex parte against the Opposite Parties with a litigation cost of Rs. 15,000/- and compensation of Rs. 1,00,000/- payable to the complainants. The Opposite Parties are directed to execute and register a deed of conveyance in respect of the scheduled flat of the petition of complaint in favour of the complainants and to pay the litigation cost and compensation to the complainants within 90 days from the date of this order, failing which, the complainants will be at liberty to put the order into execution.

 

[HON'BLE MR. AJEYA MATILAL]

PRESIDING MEMBER

[HON'BLE MRS. SOMA BHATTACHARJEE]

MEMBER