| Complaint Case No. RBT/CC/26/2020 |
| | | | 1. Smt. Soma Bhattacharjee | | 17/5/H/6, Canal West Road, P.S- Narkeldanga, P.O- Parsi Bagan, Kolkata-700009. | | 2. Sri Jayanta Bhattacharjee | | 17/5/H/6, Canal West Road, P.S- Narkeldanga, P.O- Parsi Bagan, Kolkata-700009. |
| ...........Complainant(s) | |
| Versus | | 1. M/s. Joy Ram Developer | | 156, Shyamnagar Road, Lokenath Apartment, 1st Floor, Flat No -101, P.S- DumDum, Kolkata-700055. | | 2. Sri Pranab Kumar Sarkar | | 156, Shyamnagar Road, Lokenath Apartment, 1st Floor, Flat No -101, P.S- DumDum, Kolkata-700055. | | 3. Sri Abhijit Saha | | 44/53, Shyamnagar Road,P.S - Dum Dum, Kolkata-700055. | | 4. Sri Manik Chowdhury | | 44/26, Shyamnagar Road, P.S- Dum Dum, Kolkata-700055, Dist-24 Parganas (North) | | 5. Sri Deepayan Bagchi | | 90, Baguiati 3rd Lane, P.S- Dum Dum, Kolkata-700028. | | 6. Smt Chhanda Chowdhury Nee Bagchi | | A/26, Regent Park, P.S Kolkata-700118. | | 7. Sri Kishore Kumar Bagchi (Died) | | 90, Baguiati 3rd Lane, Khela Ghar Apartment, Flat no-3B, P.S- Dum Dum, Kolkata-700028. | | 8. Smt Sirsha Das nee Bagchi | | 4B, Haripada Dutta Lane, P.S- Shyampukur, Kolkata-700006. | | 9. Smt Subhra Motira nee Bagchi | | Moitrabari, Madhyamgam Chowmatha, P.S Madhyamgram, Dist 24 pgs(N) | | 10. Sri Goutam Bagchi | | 90, Baguiati 3rd Lane, P.S- Dum Dum, Kolkata-700028. | | 11. Smt Sunrita Chakravarty nee Bagchi | | Tribeni Apartment Flat No-3B Ghosh Para Baguiati , Kolkata-700059. | | 12. Sri Anjan Roy | | 5, Rajendralal Street, Kolkata-700005. | | 13. Nupur Das D/o Kishore Kumar Bagchi ( Legal Heir of Kishore Kumar Bagchi )) | | 90, Baguiati 3rd Lane, Khela Ghar Apartment, Flat no-3B, P.S- Dum Dum, Kolkata-700028. |
| ............Opp.Party(s) |
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| Final Order / Judgement | Case of the complainants in brief is that the complainants entered into an agreement for sale with opposite party/developer (OP 1) on 14.12.2014 in order to purchase one self contained residential flat on the ground floor of a multi storied building developed by the developer measuring 400 sq.ft. including 25% super built up area at a total consideration of Rs. 7,00,000/-. As per the agreement, the complainants paid Rs. 5, 00,000/- to the OP 1 and requested the OPs to execute and register the deed of conveyance and to hand over the possession of the said flat in habitable condition at the earliest. It is stated in the petition of complaint that the OP 2 to 9 being the land owners entrusted the OP no 1 to construct a multi-storied building within a stipulated time but OP no 1 failed to deliver the said flat within time even after he could not complete the building. On several occasions, the complainants requested the OPs to deliver the possession of the flat in question to the complainants but all were in vain. Finding no other alternatives, the complainants filed this case praying for direction upon the OPs to hand over the possession of the flat in favour of the complainant along with compensation and litigation cost. Notices were served upon the OP 1(1A, 1B, 1C), OP 2, OP 5 and OP 7 in spite of that none appeared on behalf of them. Hence, the case was proceeded ex-parte against OP 1(1A, 1B, 1C), OP 2, OP 5 and OP 7 vide order no. 12, dated 21.03.2022. Notices in respect of OP 8 and OP 9 were served through newspaper publication and the case was fixed ex-parte against them vide Order No. 17 dated 01.11.2022. The case was also proceed ex-parte against OP 3 from 03.12.2022. Decision with reasons :- In order to prove their case, the complainants adduced the agreement for sale dated 14.12.2014 from where it appears that the complainants paid Rs. 5,00,000/- to the OP-developer at the time of execution of the agreement for sale and OP allotted a flat on the ground floor of the proposed building as per second schedule of the said agreement . Complainant no 2 stated in his evidence on affidavit that after filing this case OP no 4 delivered the possession of the said flat to the complainants but OPs did not execute and register the deed of conveyance in favour of the complainants. As per agreement OPs are liable to execute and register the deed of conveyance in favour of the complainants but they failed to do the same which amounts to deficiency in service on the part of the OPs. OPs are liable to pay compensation of Rs 20,000/ and litigation cost of Rs 20,000/ to the complainants. In the result petition of complaint succeeds. Hence, it is, Ordered that the complainant case being no RBT/CC/26/2020 is allowed ex parte against all the OPs with cost. OPs are directed to execute and register the deed of conveyance in favour of the complainants within 45 days from this date of order. Ops are further directed to pay Rs 20,000/- as compensation and Rs 20,000/- as litigation cost to the complainants within 45 days from this date of order failing which the entire amount shall carry interest@12% p.a. Let a plain copy be given to the parties free of cost as per CPR. Dictated and corrected by [HON'BLE MRS. Sagarika Sarkar]
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