DIST. CONSUMER DISPUTES REDRESAL COMMISSION
NORTH 24 Pgs., BARASAT.
C.C. No.208/2019
Date of Filing: Date of Admission: Date of Disposal:
26.06.2019 04.07.2019 27.02.2023
Complainant/s:- | - SRI SUMAN DUTTA, S/o Late Rabindra Nath Dutta,
- SMT. RIMA DUTTA, W/o Sri Suman Dutta, of Swami Vivekananda Road, Vidyasagar Sarani, P.O. – Birati, P.S. – Nimta, Kolkata – 700051, District North 24 Parganas.
= Vs = |
Opposite Party/s:- | - SRI SUSANTA KUMAR GHOSH, Proprietor of M/S SUMAN CONSTRUCTION, of C/o. Shree Krishna International, 3, Italgacha Road, Mandir – Maszid Gali, Motilal Colony, Rajbari, Airport Gate No. 1, P.O. – Italgacha, Kolkata – 700079, P.S. Dumdum and carrying on business at S.V. Road, Vidyasagar Sarani, P.O.- Birati, P.S. – Nimta, Kol – 51
- SRI MIHIR CHAKRABORTY of Flat No. 240, E-Block, Sector – 22, Naida, Uttar Pradesh.
- SRI SISIR CHAKRABORTY of Swami Vivekananda Road, Vidyasagar Sarani, P.O. – Birati, P.S. – Nimta, Kolkata – 700051.
- SRI TIMIR CHAKRABORTY of B/4, Flat No. 248, Parjatan Vishan Basundhara Enclave, Delhi – 110096.
- SMT MAYA TALUKDAR OF 46/C/2 Prantik Sarani, P.S. – Dumdum, P.O. Rabindra Nagar, Kolkata – 700065.
- SMT GOPA MUKHERJEE of 10/d, Rakhal Ghosh Lane, P.O. & P.S. – Beleghata, Kolkata – 700085.
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P R E S E N T :- Smt. Monisha Shaw …………………. Member.
:- Sri. Abhijit Basu …………………. Member.
JUDGMENT/FINAL ORDER
This complaint is filed by the Complainant u/s 12(a) of the Consumer Protection Act, 1986 alleging deficiency in service as well as unfair trade practice against the OPs as the OPs did not take any step to redress his grievance till filing of this complaint.
The Complainant stated that they entered into an agreement for sale of a flat with the Developer / Opposite Parties on 31/05/2009 in respect of a flat measuring more or less 650 sq.ft. super built up area being flat no. B3, on the 2nd floor of the building lying and situated at under Mouza – Birati, J. L. No. 7, R.S. Dag No. 249, R.S. Khatian No. 182, under Ward No. 18, Holding No. 753 Swami Vivekananda Road within the limits of North Dum Dum Municipality, Addl. Dist. Sub Registrar Office at Cossipore, Dum Dum wherein the Opposite Parties / Developer received a sum of Rs. 1,00,000/- only from said Sri
Rabindranath Dutta and Complainant No. 1 Sri Suman Dutta as an advance consideration out of total consideration of Rs. 5,20,000/-, then after as per demand of the Opposite Party No. 1 Sri Rabindranath Dutta and Complainant No. 1 Sri Suman Dutta paid to the Opposite Party No. 1 on 19/01/2011 a sum of Rs. 50,000/- and on 08/05/2011 a sum of Rs. 50,000/- and on 18/10/2011 a sum of Rs. 50,000/- and on 07/10/2012 a sum of Rs. 4,93,500/- i.e. total 7,43,500/- only out of which O.P. No. 1 calculated that the flat measurement increased 650 sq.ft. super built up area to 800 sq.ft. for which Rs. 6,40,000/- (800 sq.ft. x Rs. 800) and registration fees Rs. 1,03,500/- and the Opposite party No. 1 handed over the physical possession of the said flat to Sri Rabindranath Dutta and the Complainant No. 1 Sri Suman Dutta on 03/11/2012 in vacant and finished condition and also undertake that within a week Opposite Party No. 1 would complete the registration of the flat in favour of Sri Rabindranath Dutta and Complainant No. 1 Sri Suman Dutta but did not.
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C.C. No.208/2019
The Complainant further stated that on several occasion the Complainants requested to the Opposite party no1 for registration in respect of the said flat but the Opposite party no1 avoided them.At last the Complainants measured through Engineer and it was found that the said flat is only 720 Sq. ft. super built up area instead of 800 Sq. Ft. super built up area.
In the mean time said Rabindra nath Dutta died leaving behind his only son i.e Complainant no. 1 Sri Suman dutta repeatedly request to make registration and return the extra payment of Rs. 64,000/-but the O.P 1 did not the same.
Prayer of the Complainants:-
- The OPs are directed to refund Rs. 1,67,500/- to the Complainant.
- The OPs are directed to pay Rs. 2,00,000/- as compensation towards mental agony, pain and unnecessary harassment and litigation cost of Rs. 50,000/-.
- Pass any other order / orders as the Ld. District Commission may deemed fit and proper in the fact and circumstances of the case.
- Any other relief / reliefs.
Following issued were framed for the purpose of decision:-
- Whether the complaint is maintainable or not?
- Whether the Complainant is entitled to get relief / reliefs in this case.
Decision with reasons:-
Considering the facts and circumstances as well as nature and character of this case all the points are interlinked to each other and as such all the points are taken up together for consideration for the sake of brevity and convenience.
On perusal of the materials along with the supporting affidavit related to documents available in the case record as well as hearing of argument by the Ld. Advocate for the Complainant, it is revealed that the Complainant paid an amount of Rs. 7,43,500/- (Rs.6,40,000+Rs.1,03,500/- as registration fees/- to the Ops. Here the status of the OPs is service provider and the Complainant being a customer of the OPs so the Complainant becomes a consumer as per Consumer Protection Act, 2019.
The Complainant resides at of Swami Vivekananda Road, Vidyasagar Sarani, P.O. – Birati, P.S. – Nimta, Kolkata – 700051, District North 24 Parganas and the claimed amount does not exceed the pecuniary limit of this Commission. Therefore, this Commission has ample power to try this case.
We have perused the complaint as well as Examination-in-Chief on affidavit filed by the Complainant. We have perused the copy of the money receipt along with copy of the certificate which was provided by the O.P members with the supporting affidavit and other documents filed by the Complainant. On perusal of the aforesaid materials it appears that the Complainant paid Rs. 85,000/- on different dates. Since the O.Ps did not refund the maturity amount to the Complainant, as such there is deficiency in service on part of the O.Ps.
The discussed points bear positive results. As such we are of the view that the Complainant is entitled to receive his deposited amount with interest and he is also entitled to other relief/reliefs and that will be reflected in the ordering portion.
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C.C. No.208/2019
Thus all the points are disposed of accordingly.
Fees paid by the Complainant.
Hence,
It is ordered,
That the case being no. C.C./208/2019 be and the same is allowed exparte against the O.Ps.
The O.P1 and other O.Ps are directed to register the said flat in favour of the Complainant(Sri Suman Dutta) within 3 months from this day in default the Complainant will get 6% interest on the paid value for the flat from the date of filing this case till registration and till realization.
The Complainant further get a decree as compensation of Rs. 20,000/- and Rs.5,000/- for litigation cost.
The O.Ps are further directed to comply the order within 3 months from this day failing which the Complainant get further decree another 2% interest on the total value of the decree, failing which the Complainant may take steps according to law.
Let plain copy of this order be given to the parties free of cost as per CPR, 2005.
Dictated & Corrected by me
Member
Member Member
