DIST. CONSUMER DISPUTES REDRESAL COMMISSION
NORTH 24 Pgs., BARASAT.
C. C. CASE NO. 44/2022
Date of Filing: Date of Admission Date of Disposal:
23.02.2022 24.02.2022 25.04.2023
Complainant/s:- | SRI SANTANU BANERJEE, S/o Late Sadhan Banerjee, Residing at 18/45, Jhawtala Karbagan, Rajarhat Gopalpur (M), Hatiyara, P.O. – Hatiyara, Police Station – New Town, District – North 24 Parganas, Kolkata – 700157. Presently residing at Flat No. 1C, Ground Floor, 209, Md. Kalachand Road, near old Post Office, P.O. & P.S. – Ghola, District – North 24 Parganas, Kolkata – 700111. =Vs.= |
Opposite Party/s:- | - LOKNATH CONSTRUCTION, A Proprietorship firm having its registered office at 41/1/1, Bag Bazar Street, P.O. – Bag Bazar, P.S. – Shyampukur, Kolkata – 700003.
- SRI ANUP KUMAR SAHA, S/o Late Amulya rattan Saha Residing at 41/1/1, Bag Bazar Street, P.O. – Bag Bazar, P.S. – Shyampukur, Kolkata – 700003.
- SRI KHOKON CHAKRABORTY, S/o Late Rasamay Chakraborty Residing at BG/133/2, Krishnapur Praflla Kanan, Baguihati, P.O. – Krishnapur, P.S. – Baguihati, Kolkata - 700102
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P R E S E N T :- Smt. Monisha Shaw …………………. Member.
:- Shri Abhijit Basu……………………..Member.
JUDGMENT / FINAL ORDER
The Complainant filed this case of the Consumer Protection Act 2019.
The brief facts of the case is as follows:-
The Complainant purchased a flat at Ground Floor in Holding No. 209, Md. Kalachand Road, P.S. Khardah, now Ghola, District – North 24 Parganas, Panihati Municipality. After payment of full consideration money Rs. 5,50,000/- the O.Ps registered the Deed of Conveyance on 31.07.2019 being Deed No. – 190407782 at the Office of A.R.A. IV Kolkata. The Developer assured to hand over the Possession Certificate, Completion Certificate and that there is no sewerage and water line. The Developer did not provide it. The Complainants stated that the room is damped, floor is already cracked, window used door is not fitted properly. There is no electric connection in the name of the Complainant. The Complainant requested the O.P members several times but in vain. Hence, the Complainant lodged complain before Hon’ble Minister Department of Consumer Grievance Redressal Cell but the O.Ps did not settle the matter through mediatory procedure compelling circumstances, the O.P filed this case for his redressal.
Issue framed for Judgment
- Whether the case is maintainable or not?
- Whether the Complainant is entitled to get relief / reliefs or not?
Reason for Judgment
As the Complainant paid full consideration money to the Developer. Hence, the Complainant is a consumer as per Consumer Protection Act and the O.Ps are the service provider as per Consumer Protection Act, 2019. Hence, O.Ps are failed to provide his service. As the door and window fitting are not proper, floor is damped and flat is already cracked. Electricity connection and water supply is the essential needs of every person. So, the O.P. required to arrange water supply line sewerage line. By payment of the Complainant separate electric meter installation required to arrange by the O.P. In this case O.Ps failed to provide his service properly. The Complainant proved the case in his favour. Hence, O.P. Developer shall repair the cracked portion, fitted the door and window properly and shall arrange the water supply as regards sewerage system of the kitchen. It is requested electricity in the name of the
Complainant, hence, the O.P. shall sign the required papers for supply of electricity in separate meter. In complaint, the Complainant is not mentioned that he paid the charge of separate electric meter charge. This case is within the pecuniary and territorial jurisdiction of this Commission. It is mentioned that in conveyance at third schedule O.Ps agreed to provide the same.
Hence,
It is Ordered:-
That the case being No. 44/2022 be and the same is allowed heard and ex-parte against the O.ps.
The O.P. is directed to repair the cracked portion of floor, repair the door and window fitting properly, issue Possession Certificate and Completion Certificate and arrange water sewerage system in the Kitchen, complete formalities for separate meter of electricity connection at the Ground Floor of holding no. 209, Md. Kalachand Road, Ground Floor, Ward No. 29, Flat No. 1C, P.S. Khardah now Ghola, North 24 Parganas within three months from the date of Judgment. Failing which the Complainant has liberty to file Execution Case as per law.
Complainant is directed to pay the charge of separate matter connection.
Let plain copy of this order be given to the parties free of cost as per the CPR, 2005.
Dictated & Corrected by me
Member
Member Member
