Before the Hon’ble State Consumer
Disputes Redressal Commission, West Bengal, at premises being no. 11A, Mirza
Ghalib Street, Kolkata – 700 087.
Complaint
Case no. of 2016.
In
the matter of :
Sri
Prabir Kumar Garain, ________Petitioner.
-
Versus –
M/s. Ideal Construction, and
others,
________Respondents / Opposite
Parties.
Application for holding Local
Inspection
The
humble petition of the above named petitioner / Complainant, most respectfully;
Sheweth
as under :
1.
That the Petitioner beg to states that
as per sanctioned building plan being no. 1423/CB/26/26, dated 13-03-2012, duly
sanctioned by the Rajpur Sonarpur Municipality, the Developer herein completed
the construction of G + III storied building on the property being Land
measuring about 9 (nine) Satak equivalents to 5 ( five ) Cottahs, 7 ( Seven )
Chittacks, and 12 ( Twelve ) Sq. ft. be the same little more or less comprised
in Mouza – Elachi, J.L. no. 70, appertaining to L.R. Khatian no. 338, under Dag
no. 111, corresponding to L.R. Dag no. 110, Police Station – Sonarpur, being
Holding number 10, Vivekananda Sarani, Kolkata – 700 103, Ward no. 26, within
the local limits of Rajpur Sonarpur Municipality, District South 24 Parganas.
2.
That the Petitioner beg to states that
under pursuance of the Developer being the opposite parties nos. 1, 2, 3, and
4, herein, your petitioner purchased one Flat along with one Car Parking Space
described as Flat being no. A-1 on the First Floor, South Side, measuring about
950 Sq. ft. Super built up area along with one Car Parking Space being no. G-2
on the ground floor, measuring about 140 Sq. ft. on G+III storied building
consisting of 2 ( two ) Bed Rooms, 1 ( one ) Drawing Room, 1 ( one ) Dinning
Space, 2 ( two ) Toilets, 1 ( one ) Kitchen and 1 ( one ) Verandah together
with undivided proportionate share or interest in the Land and the common areas
and facilities, thereof, at premises being no. 10, Vivekananda Sarani, Elachi,
Post Office – Narendrapur, Kolkata – 700 103, District South 24 Parganas, vide
Deed of Conveyance dated 24th day of September’ 2013, registered at
Office of the Additional Registrar of Assurance – I, Kolkata, West Bengal, in
Book no. I, CD Volume no. 18, Pages from 1016 to 1040, Being no. 09247 for the
year 2013, at a total consideration value of Rs. 23,00,000/- ( Rupees Twenty
Three Lakhs ) only.
3.
That the Petitioner beg to states that
after the registration of the said subjected flat and car parking space the
developer herein cause the delivery of the physical possession of Flat being
no. A-1 on the First Floor, South Side, measuring about 950 Sq. ft. Super built
up area along with one Car Parking Space being no. G-2 on the ground floor,
measuring about 140 Sq. ft. on G+III storied building consisting of 2 ( two )
Bed Rooms, 1 ( one ) Drawing Room, 1 ( one ) Dinning Space, 2 ( two ) Toilets,
1 ( one ) Kitchen and 1 ( one ) Verandah together with undivided proportionate
share or interest in the Land and the common areas and facilities, thereof, at
premises being no. 10, Vivekananda Sarani, Elachi, Post Office – Narendrapur,
Kolkata – 700 103, District South 24 Parganas, on 1st day of April’
2014, through the Letter of Possession dated 01-04-2014.
4.
That the Petitioner beg to states that
on being taking over the physical possession of the said subjected flat and the
car parking space as on 1st day of April’ 2014, your petitioner used
to stay and reside there with his family members and consequently found the
following discrepancies and or incomplete and or unfinished work, in his flat
as follows :
a)
Plumbing work in Kitchen is
incomplete,
b)
Crack is noticed in Walls attached to
Balcony,
c)
As there is no provisions or spaces
for exhaust in the main bathroom, sufferings arisen from tremendous offensive
and bad smells after using toilet,
d)
Cannot utilize the garage as there is
no provision of taking the Car inside the premises.
5.
That the Petitioner beg to states that
your petitioner also suffering from the following discrepancies and incomplete
work in the premises, which are as follows :
a)
Boundary Wall incomplete on North
Side, and therefore trespassers are utilizing to enter in premises without any
permission and or authorization;
b)
Main gate not completed and one shop
has been constructed at the space of the main gate, therefore no one can enter
into premises through his Car, and the car cannot entered into premises as the
spaces of main gate has been occupied by one unauthorized shop of one of Land
Owner, there;
c)
Lift is there in the premises but the
same is not completed and therefore the Lift is not working;
d)
Underground water reservoir is not
there as shown in the deed of conveyance, and therefore, my client and every
owner of the premises suffering for the scarcity of water and more particularly
for drinking water;
e)
Soakpit not complete;
f)
Electrical wiring is incomplete and
left over in a risky state, nude wires are here and there to take life of any
one at any time, without notice;
g)
Completion Certificate of the Building
has not been given by the Land Owners and or by the Developer.
6.
That the petitioner beg to states that your
petitioner acknowledge such facts to all of the opposite parties, with a
request to resolve such issues at an early date, and whereas all of the
opposite parties on different pretext severally excuses and assured to complete
at an early date, though all in vain and till date nothing has ever been
carried out by any one from amongst all of the opposite parties to resolve such
issues, and therefore the petitioner is suffering severally in utilizing the premises
as well as his open car parking space and the purchased flat at first floor,
with his family members.
7.
That the Petitioner beg to states that
the act and omissions in the manners as described herein in the aforesaid
paragraphs are establishing unfair trade practices and deficiency in services
on the part of the opposite parties, in all the manners, and regards thereof.
8.
That the Petitioner beg to states that
this is awesome, circumstances, that the opposite parties nos. 5, 6, and 7,
under the indulgence of the opposite parties nos. 1, 2, 3, and 4, herein, have
occupied the space of main gate through their temporary shop and therefore they
obstruct egress and ingress of the petitioner via main gate space of the
premises and therefore not only the individual person obstructed for egress and
ingress of the premises, the car and or vehicle also obstructed to enter into
premises, as because there is no other such provisions in the premises to take
car and or vehicle in some other way and or manner, whatsoever.
9.
That the Petitioner beg to states that
the petitioner is a victim of such deficiency in services and unfair trade
practices adopted by all the opposite parties, in the manner as stated
aforesaid herein.
10.
That the Petitioner beg to states that
your petitioner seeks the appointment of the Learned Advocate Commissioner, for
bringing clear and true story of unfinished work and or incomplete work at the
schedule premises of your petitioner, i.e. Flat being no. A-1 on the First
Floor, South Side, measuring about 950 Sq. ft. Super built up area along with
one Car Parking Space being no. G-2 on the ground floor, measuring about 140
Sq. ft. on G+III storied building consisting of 2 ( two ) Bed Rooms, 1 ( one )
Drawing Room, 1 ( one ) Dinning Space, 2 ( two ) Toilets, 1 ( one ) Kitchen and
1 ( one ) Verandah together with undivided proportionate share or interest in
the Land and the common areas and facilities, thereof, at premises being no.
10, Vivekananda Sarani, Elachi, Post Office – Narendrapur, Kolkata – 700 103,
District South 24 Parganas, who cause necessary verification about the
unfinished and or incomplete work as stated and described herein above in the
foregoing paragraphs, and consequently assessed for the amount expected to be
require for such completion with the help of persons skilled and or
professionals for such purposes, i.e. plumber, Masson, etc.
11.
That the Petitioner beg to states that
the report of the Learned Advocate Commissioner in context of the unfinished
and or incomplete work and the amount assessed expected towards for such
completion is much necessary, in the interest of administration of justice.
12.
That the Petitioner beg to states that
unless the Hon’ble Commission, appoint the Learned advocate Commissioner, as
prayed for by the Petitioner herein, the Petitioner will highly prejudice and
suffer with irreparable loss and injury.
13.
That the Petitioner beg to states that
the Petitioner is ready and willing to bear all necessary cost and remuneration
for the Learned Advocate Commissioner, as directed by the Hon’ble Commission,
West Bengal, in the interest of administration of justice.
14.
That the balance of convenience and
inconvenience is in favour of the Petitioner, and the Opposite Parties will not
prejudice in any manner, whatsoever.
15.
That the present application being
made bona-fide and in the interest of administration of justice.
16.
The Petitioner therefore prayed for :
Under
the above facts and circumstances, It is prayed that your Honour would be
graciously pleased to grant the following prayers / relief :-
a)
To appoint Learned Advocate
Commissioner for holding Local inspection for verifying the unfinished and or
incomplete work at the premises of the petitioner and consequently assessed the
amount to be require for such completion with the help of persons and or
professional, and to submit report before the Hon’ble Commission, West Bengal;
b)
To grant any other relief to the applicant /
petitioner as found out by your Honour, in the facts and circumstances of the
Complaint.
And
to pass such other necessary order or orders as your Honour , may deem fit and
proper for the ends of justice.
And for this act of kindness, the
Petitioner, as in duty bound shall ever pray.
SCHEDULE
Flat being no. A-1 on the First Floor,
South Side, measuring about 950 Sq. ft. Super built up area along with one Car
Parking Space being no. G-2 on the ground floor, measuring about 140 Sq. ft. on
G+III storied building consisting of 2 ( two ) Bed Rooms, 1 ( one ) Drawing
Room, 1 ( one ) Dinning Space, 2 ( two ) Toilets, 1 ( one ) Kitchen and 1 ( one
) Verandah together with undivided proportionate share or interest in the Land
and the common areas and facilities, thereof, at premises being no. 10,
Vivekananda Sarani, Elachi, Post Office – Narendrapur, Kolkata – 700 103,
District South 24 Parganas.
Verification
I, Shri Prabir Kumar Gasrain, being the
Petitioner herein, do hereby declare that the forgoing paragraphs no________to
________are true to the best of my knowledge and rest prayers portions are my
humble submission before the Hon’ble Commission and I duly sign and verify this
petition on _____________2016, at Kolkata.
Shri Prabir Kumar Garain
Identified
by me,
Advocate.
Prepared in my Chamber,
Advocate.
Dated : ____________2016.
Place : Kolkata.
Before the Hon’ble State Consumer
Disputes Redressal Commission, West Bengal, at Premises being no. 11 A, Mirza
Ghalib Street,
Kolkata-700087.
Complaint
Case no………..…of 2016.
In the matter of :-
Shri
Prabir Kumar Garain,
……Applicant
/ Petitioner.
-
Versus –
M/s.
Ideal Construction and others,
………Respondents / Opposite Parties.
AFFIDAVIT
Affidavit
of Sri
Prabir Kumar Garain, Son of Sri Sannyasi Charan Garain, aged about _______
years, by faith Hindu, by Occupation Service, residing at Flat no. A – 1, 1st
Floor, at premises being no. 10, Vivekananda Sarani, Elachi, Post Office –
Narendrapur, Kolkata – 700 103, District South 24 Parganas.
I, the above deponent do hereby
solemnly affirm and declare as under :-
1 : That I am being the petitioner, in
the above case, thoroughly conversant with the facts and circumstances of the
present case and am competent to swear this affidavit.
2 : That the facts contained in my
accompanying complaint / application, the contents of which have not been
repeated herein for the sake of brevity may be read as an integral part of this
affidavit and are true and correct to my knowledge.
DEPONENT
Verification
I, the above named deponent do hereby
solemnly verify that the contents of my above affidavit are true and correct to
my knowledge, and no part of it is false and nothing material has been
concealed therein.
Verified this ………….the day of
…………….2016, at Kolkata.
DEPONENT
Identified by me,
Advocate.
Prepared in my Chamber,
Advocate.
Dated :……………2016.
Place : Kolkata.
N O T A R Y
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