J U D G E M E N T

Mrs. Babita Chaudhuri, Member ─ This consumer complaint under section 35 of C.P. Act, 2019 has been filed by the complainant namely Sri Tushar Kanti Dey & Smt. Rita Dey against the OPs named above alleging deficiency in service on the part of the OPs.

            Complainants’ case, in brief, is as follows: -    That OP No. 1 is the promoter/developer  of Bastu land measuring an area more or less 3 Cottahs 13 Chittaks and 35 sq. ft. of OP Nos. 2 to 5 situated within Howrah Municipal Corporation, Ward. No. 47.

That OP Nos. 2 to 5 entered into an Agreement for Development of the said property with OP No. 1 on 05/12/2016 and accordingly registered in the office of the Dist. Sub-Registrar, Howrah and in terms of the said development agreement a General Power of Attorney was executed in favour of the OP No. 1 on the same day which was also registered in the office of the Dist. Sub-Registrar, Howrah.

That on the basis of said development agreement a building plan has been sanctioned by the appropriate authority and accordingly OP started and completed the construction of multi-storied building over the schedule mentioned property under the name and style of “Kiran Apartment”.

Thereafter, with the intention to sell a complete residential flat measuring about 780 sq. ft. including 20% super built up area OP No. 1 being the promoter/developer and on the basis of General Power of Attorney of OP Nos. 2 to 5 entered into an Agreement for Sale with the complainants on 20/02/2017 at a total consideration amount of Rs.21,06,000/- only and thereafter, before signing the said Agreement for Sale complainants paid an amount of Rs.50,000/- only to OP No. 1 on 24/01/2017 and on the date of signing of said Agreement for Sale i.e. on 20/02/2017 complainants further paid an amount of Rs.3,00,000/- only to OP No. 1 and after that by two cheques complainants paid an amount of Rs.1,50,000/- only to OP No. 1. Thus total amount paid by the complainants is Rs.5,00,000/- only as advance out of the total consideration amount of the flat in question amounting to Rs.21,06,000/-.

That OP No. 1 did not complete the flat in question till 13/04/2021 for which complainants suffering mentally a lot.

That complainants are ready for registration of the flat in question by paying the balance consideration amount in favouf of OP No. 1 and for which complainants so many times requested the OP No. 1 but OP No. 1 did not pay any heed to the request of the complainants and also complainant sent an Advocate letter on 13/04/2021.

Under such circumstances and finding no other alternatives Complainants filed this case before this Ld. Commission and praying for direction upon OP No. 1 to execute and register the Sale Deed in respect of the flat in question and to compensate Rs.5,00,000/- for mental pain and agony and also praying for direction upon OP No. 1 to pay Rs.1,00,000/- as litigation cost in favour of the complainants.

            OPs were duly served with notice of this case and though OPs filed W/V after the statutory period and subsequently non taking of steps by OPs, case has been proceeded ex-parte against them.

POINTS FOR DECISION

Are the complainants entitled to get relief/reliefs as prayed for?

DECISION WITH REASONS

            To prove their case, the complainants have tendered their BNA also filed all relevant documents in support of their case.

We have gone through the said evidence of the complainants and the documents filed by them.

It appears that in their evidence, the complainants have fully corroborated their case as incorporated in the petition of complaints and the documents filed by them also lend support to the case of the complainants. So, in view of the said evidence of the complainants and the documents filed by them, remaining un-challenged, it is held that the complainants’ case is proved and they are entitled to get the reliefs as sought for.

            Hence, it is,

O R D E R E D

            That Complaint Case No. 229 of 2021 be and the same is allowed ex-parte against OP No. 1 with costs.

OP No. 1 is hereby directed to execute and register the Sale Deed in respect of the ‘B’ schedule mentioned flat in favour of the complainant after taking balance amount from the complainant within 45(forty five) days from the date of this order.

OP No. 1 is further directed to compensate Rs.50,000/- for mental pain and agony and also to pay Rs.10,000/- as litigation cost in favour of the complainants within 45(forty five) days from the date of this order.

            The complainants are at liberty to put the final order into execution after expiry of the appeal period.

            Supply the copies of the order to the parties, free of cost.

Dictated & Corrected by me

    (Mrs. Babita Chaudhuri)

Member, D.C.D.R.C., Howrah