Ld Advocate for the complainant is present. Judgement is ready. It is delivered in open Commission. 

BY - SRI. SAURAV CHANDRA, MEMBER

1. Brief facts of the Complaint case is that the Complainant is a Retired Senior Citizen who on his urgent requirement agreed with the Opposite Party to purchase a 696 Sq.Ft. Super Built-up / 580 Sq.Ft. Carper Area Complete Flat on the First Floor of Plot No.608, Mauza: Barbarisha, J.L No.288, Police Station: Kolaghat along with Common Area and Other Facilities in the undivided proportionate area in the said building at a Price of Rs.12,00,000.00.

2. On 27.09.2019, the Op approached the Complainant with a request to execute the Sale Deed of the schedule incomplete flat, which the Complainant was not agreed but, after getting assurances from the Op to complete the said incomplete flat within six months, he registered the flat before the ADSR, Kolaghat on 05.10.2018 vide Sale Deed being No.2526/18.

3. But, after expiry of Six Months and in-spite of several reminders, the Op did not complete the pending work of Flat and Building like Commode, Tank, Seat etc. in the Bathroom; Sink, Slab etc. in the Kitchen Room; Gate and Window in Room; Plumbing, Water Tank, Plaster in Stair Case, Railing, Grill, Plaster at Outer Wall, Putty and Colour etc.

4. Therefore, the Complainant compelled to finish some pending essential work by his own like Commode, Seat, Tank etc. at the Bathroom and Sink, Slab for Gas Oven etc. with a cost of Rs.70,000.00 from his own fund.

5. Due to incomplete Outer Wall Plaster, the said Wall already been damaged and all time damp makes the accommodation unhealthy for which the Complainant suffered a loss and damages for more than Rs.1,00,000.00.

6. The Op neither completed the schedule Flat as well as Building within the stipulated period as per the Terms & Conditions, nor received the Completion Certificate from the Competent Authority. Moreover, instead of giving the peaceful possession of the complete flat, he created pressure upon the Complainant to register the incomplete flat without proper measurement. Therefore, the Complainant compelled to sign the Sale Deed without proper verification and giving consent to the Op on 27.09.2018. 

7. The Complainant several times requested the Op to take necessary steps to resolve the issue but, the Op didn’t pay any heed.

8. Therefore, the Complainant approached to the Consumer Affairs & Fair Business Practice Mediation Cell at Tamluk but, due to absence of the Op, the case was dropped with a suggestion to move before this Commission.

9. Lastly the Complainant raised a Demand Notice on 02.03.2022 vide India Post Tracking Consignment No.RW442383094IN, the delivery of which was confirmed by the Op on 04.03.2022 but, still he didn’t pay any heed.

10. Thereafter, the Petitioner preferred to file the instant case before this Commission.

11. The cause of action of this case arose on and from 04.03.2022.

The Complainant, therefore, prays for directing the op:-

1. To Complete the Flat as well as the building.
2. To pay the Expenses amounting to Rs.70,000.00 by OP.
3. To pay Compensation of Rs.2,50,000.00 for harassment, mental pain and       agony, using low quality materials and for incurring loss and damages.
4. To pay Litigation Cost of Rs.20,000.00 to the Complainant for conducting the case.
5. Any other order.

12. Notice was duly served upon the Op but, Op has preferred to see that the case be decided ex-parte against it.

13. Under the above circumstances, the Complainant has prayed for ex-parte order against the Op.

14. Points for determination are:

1. Is the case maintainable in its present form and in law? 
2. Is the Complainant entitled to the relief(s) as sought for?

15. Decision with reasons

1. Both the points I and II, being inter related to each other, are taken up together for discussion for sake of brevity and convenience.

2. We have carefully perused the Petition of the Complainant evidence adduced along with all papers and other documents.

3. Having regards had to the facts and circumstances of the case in the light of evidence, it is evident that there is no dispute that Complainant is a consumer having grievances against the Op, as such the case is maintainable in its present form and in law.

4. Op is a Builder of the scheduled Property. It is the duty of every Builder to peacefully deliver the complete scheduled property (as per the terms and conditions) to it’s customer with full satisfaction within the stipulated time and obviously with the Completion Certificate.

5. In the present case, from the unchallenged testimony of complainant it appears that Op did not  complete the construction woks fully of the said property within the stipulated time but compelled the Complainant to take delivery of the incomplete property by doing registration without proper measurement and without handing over the Completion Certificate (CC) after taking the consideration amount in full. As a result the Complainant being a Senior Citizen at this age bound to reside another place and compelled to complete the essential incomplete work by his own with spending Rs.70,000.00 in excess from his own pocket to meet his urgent accommodation requirement. Not only that, the Complainant suffered severe loss and damages amounting to Rs.1,00,000.00 due to inferior quality material used by the Op which resulting to damp, damages and unhealthy condition of the incomplete outer wall portion. Therefore, it clearly transpires from the above, there are elements of negligence and deficiency in service by the OP.

6. Now, coming to the matter of reliefs. The Op can’t get absolved from the mischief of negligence, harassment and deficiency in service. So, we think it would be  just and proper if we direct the Op to complete the said Flat and Building within 3 Months from the date of this order. In addition to that, the Op is also liable to pay a sum of Rs.70,000.00 towards the Expenses incurred by the Complainant and Rs.2,00,000.00 as Compensation and Rs.5,000.00 as Litigation Costs to the Complainant within 3 months from the date of this order in default the Op will have to pay @ Rs.500.00 per diem (day) in addition to the said amount for non-compliance from the date of this order.

7. Both the points are decided accordingly.

8. Thus, the Complaint case succeeds.

Hence, it is

          O R D E R E D

That the CC-61 of 2022 be and the same is alowed ex-parte against the Op.

The Op is directed to complete the said Flat and Building of the Complainant within 3 Months from the date of this order. In addition to that, the Op is also hereby directed to pay a sum of Rs.70,000.00 towards the Expenses incurred by the Complainant and Rs.50,000.00 as Compensation and Rs.5,000.00 as Litigation Costs to the Complainant within 3 months from the date of this order in default the Op will have to pay @ Rs.500.00 per diem (day) in addition to the said amount for non-compliance from the date of this order.

Let a copy of this judgment be provided to the Complainant free of costs.

The judgment be uploaded forthwith on the website of the Commission for the perusal of the parties.

File be consigned to record section along with a copy of this   judgment.