Hon’ble Mrs. Soma Bhattacharjee, Member
CC/311/2017 has been filed by complainant Manish Kumar Singh –vs- OPs Maa Kali Enterprise, Gobinda Chandra Sarkar, Sheuli Rani Sarkar, Tapan Modak Chowdhury under Section 13 (3B) of C.P. Act, 1986. The complaint is valued at Rs. 63,00,000/-.
The fact of the complaint case is as follows:
The complainant is an Assistant Professor at Midnapore Homoeopathy College. He decided to move to a place with better facilities. He got in touch with OP no. 4 a broker, and decided to purchase two flats at Maheshtala. OP no. 4 introduced him to OP no. 1 which is a partnership firm and OP no. 2 and 3 are its partners. The complainant decided to purchase the flat nos. A and B on the 2nd floor of Chatak Moni Apartment which was going to be constructed on a Bastu Land lying and situated at R.S and L.R dag no. 125 pertaining to R.S khatian no. 432 , present L.R Khatian No. 2312 in Mouza – Parbangla, J.L. No. 49, Ward no. 29, being holding no. E3-54/A/New, Hinduatan Gas Company Road – 1, within Maheshtala Municipality, within Police Station – Maheshtala, Dist- 24 Parganas (south) measuring about 852 sq. ft. and 838 sq. ft. respectively along with 1 covered car parking space of 150 sq. ft. and morefully described in the schedule as per agreement dt. 14.12.2014.
An agreement for sale was signed on 14.12.2014 between the complainant and OP no. 1 for purchase of flat nos. A and B on the 2nd floor of the Chatak Moni Apartment measuring 852 and 838 sq. ft. respectively along with one covered car parking space of 150 sq.ft. at consideration value of Rs. 19,64,712/- and Rs. 19,32,428/- respectively and Rs. 3,50,000/- for garage i.e. altogether at a total consideration of Rs. 42,47,140/-. The property was to be handed over by 30.06.2016. The property was to be purchased for the joint family which includes the complainant, his wife, his son, father and mother and the money was paid from the bank account of the complainant, his wife, and his father. Copies of the money receipts have been annexed with the complaint( Annexure D). The complainant paid Rs. 27,91,000/- for both the flats and covered car parking space.
The Ld. Advocate for the complainant submitted that although the OPs were to provide a covered car parking space of 150 sq. ft. wherein a standard Sedan could be parked, the OPs had provisionally allotted a car parking space at the back of the building where a standard car could not be easily parked.
Several notices were issued by the complainant to the OPs regarding non delivery of the property in due time (marked Annexure E). Cause of Action arose on 14.10.2014 when the first booking amount was paid by the Complainant and again on 14.12.2014 when the agreement for sale was signed between the two parties.
Heard the arguments of the Ld. Advocates for the complainant and the OPs. I have given due consideration to the submissions of the Ld. Advocates of both sides.
Scrutinised all materials on record and evidences of both sides.
The points for decision are as follows:
- Whether the complainant is a consumer?
- Whether there is a deficiency in service?
- Is the complainant entitled to get any relief/s?
Since the complainant has paid a total consideration of Rs. 27,91,000/- for purchase of two residential flats, and a garage he is a consumer in terms of section 2 (1)(d) of C.P. Act, 1986.
The OP nos. 1 to 3 failed to provide the property as per agreement in favour of the complainant within the stipulated date i.e. 30.06.2016 although the building was completed. This tantamounts to negligence and there is a deficiency in service on their part.
Therefore the complainant is entitled to get relief as prayed for.
Accordingly it is ordered
The complaint case is allowed on contest. The Opposite Parties nos. 1, 2 & 3 jointly and / or severally are directed
- To deliver possession, execute and register flat nos. A and B on schedule ‘A’ property along with common area described in schedule C of the agreement dated 14.12.2014 within 60 days of pronouncement of this order, on payment of balance consideration by the complainant.
- To deliver possession of the 150 sq. ft. garage space, after due demarcation, and register it in favour of the complainant within 60 days of pronouncement of this order.
- To ensure that the vehicle of the complainant has free and easy ingress and egress into and out of the covered car parking space of 150 sq. ft. demarcated in favour of the complainant.
- Cost of registration is to be borne by the complainant.
- The Opposite Parties nos. 1, 2 & 3 are also directed to provide completion certificate to the complainant within 60 days from this day.
In case, the Opposite Parties nos. 1, 2 & 3 fail to comply with this order within the stipulated period, the complainant will be at liberty to put this order into execution.
CC/311/2017 is hereby disposed of on contest. Copies of the order be provided to all parties, free of cost.
