Sri Debasish Chakrab... v. M/S Swabhumi Enginee..., District Consumer Disputes Redressal Commission, Judgment, Law, casemine.com

DCDRF North 24 Paraganas Barasat Kolkata-700126.

Complaint Case No. CC/271/2021 ( Date of Filing : 07 Dec 2021 )

1. Sri Debasish Chakraborty, S/O- Sri Ashutosh Chakraborty Snigdhayan Apartment, Flat No E, Block B, Anjangarh, Feeder Road, Po- Shyamnagar, PS- Jagatdal, PIN- 743127 North 24 Parganas

2. Smt. Rama Chakraborty, W/O-Sri Debasish Chakraborty Snigdhayan Apartment, Flat No E, Block B, Anjangarh, Feeder Road, Po- Shyamnagar, PS- Jagatdal, PIN- 743127 ...........Complainant(s) Versus

1. M/S Swabhumi Engineers and Developers Private Limited, represented by its Director Sri Prabir Roy, S/O- Lt. Hara Kumar Roy

1, Port Blair Lane (Cold Storage Building), 2nd Floor, Satibazar, PO- Barrackpore, PS- Titagarh, Kolkata- 700120 37, S.N. Banerjee Road, Majumdar Math, PO & PS- Barrackpore, Kolkata- 700120

2. Sri Sambhu Nath Shaw (Director of M/S Swabhumi Engineers and Developers Private Limited), S/O- Biswanath Shaw

28, Mariyam Mahal Barrackpore, PO & PS- Barrackpore, Kolkata- 700120

North 24 Parganas

3. Sri Prasun Roy (Constituted Attorney of the Land Owners), S/O- Sri Prabir Roy

37, S.N. Banerjee Road, Majumdar Math, Po & PS- Barrackpore, Kolkata- 700120

North 24 Parganas

4. Sri Priya Nath Pal Roy, S/O- Lt. Pramatha Nath Pal Anjangarh, Feeder Road, PO- Shyamnagar, PS- Jagatdal, Kolkata- 743127

North 24 Parganas

5. Sri Suhrid Baran Pal Roy, S/O- Lt. Pramatha Nath Pal Anjangarh, Feeder Road, PO- Shyamnagar, PS- Jagatdal, Kolkata- 743127

6. Sri Asit Baran Pal, S/O- Lt. Pramatha Nath Pal 18/a Gautam Enclave, Sector-B, AWHO Colony, PO- Manorikasnagar, PS- Kaskhana, Secunderabad, Andhra Pradesh- 500009

7. Smt. Namita Sen, W/O- Lt. Sushil Chandra Sen 142A, Anand Palli, PO- Jadavpur Univ, PS- Jadavpur, Kolkata-

700032

8. Dr. Samindra Nath Panda, S/O- Dr. Sachandra Nath Panda Latika Apartment, Flat No. C1,75, Hindusthan Park, PO- Sarat Bose Road, PS- Rabindra Sarobar, Kolkata- 700029 ............Opp.Party(s)

9. Sri Shomik Panda, S/O- Dr. Samindra Nath Panda Latika Apartment, Flat No. C1,75, Hindusthan Park, PO- Sarat Bose Road, PS- Rabindra Sarobar, Kolkata- 700029

10. Smt. Chanda Pal Roy, W/O- Lt. Manmatha Nath Pal Roy Anjangarh, Feeder Road, PO- Shyamnagar, PS- Jagatdal, Kolkata- 743127

11. Sri Arunabha Pal Roy, S/O- Lt. Manmatha Nath Pal Roy Anjangarh, Feeder Road, PO- Shyamnagar, PS- Jagatdal, Kolkata- 743127

12. Sri Amithabha Pal Roy, S/O- Lt. Manmatha Nath Pal Roy Anjangarh, Feeder Road, PO- Shyamnagar, PS- Jagatdal, Kolkata- 743127

BEFORE:

HON'BLE MR. Daman Prasad Biswas PRESIDENT HON'BLE MR. Sri Abhijit Basu MEMBER

PRESENT:

Dated : 04 Jan 2024 Final Order / Judgement

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

North 24 Pgs., BARASAT

C.C. No./271/2021

Date of Filing Date of Admission Date of Disposal

07.12.2021 07.02.2022 04.01.2024

Complainant/s:-

SRI DEBASISH CHAKRABORTY, S/o Sri Ashutosh Chakraborty, of "Snigdhayan Apartment", Flat No. E, Block B, Anjangarh, Feeder Road, P.O. Shyamnagar, P.S. Jagatdal, North

24 Parganas, Pin No. 743127.

SMT. RAMA CHAKRABORTY, W/o Sri Debasish Chakraborty, of "Snigdhayan Apartment", Flat No. E, Block B, Anjangarh, Feeder Road, P.O. Shyamnagar, P.S. Jagatdal, North

24 Parganas, Pin No. 743127.

-Vs- M/S SWABHUMI ENGINEERS AND DEVELOPERS PRIVATE LIMITED, registered office at 1, Port Blair Lane

1. Opposite Party/s:-

(Cold Storage Building), 2^ndFloor, Satibazar, P.O. Barrackpore, P.S. Titagarh, North 24 Parganas, Kolkata - 700120, represented by the Director Sri Prabir Roy, son of Late Hara Kumar Roy of 37, S. N. Banerjee Road, Majumdar Math, P.O. & P.S. Barrackpore, North 24 Parganas, Kolkata - 700120.

SRI SAMBHU NATH SHAW (Director of M/S Swabhumi Engineers and Developers Private Limited), son of Biswanath Shaw of 28, Mariyam Mahal Barrackpore, P.O. & P.S. Barrackpore, North 24 Parganas, Kolkata - 700120.

SRI PRASUN ROY (Constituted Attorney of the land owners), son of Sri Prabir Roy of 37, S.N.Banerjee Road, Majumdar Math, P.O. & P.S. Barrackpore, North 24 Parganas, Kolkata - 700120.

SRI PRIYA NATH PAL ROY, son of Late Pramatha Nath Pal, of Anjangarh, Feeder Road, P.O. Shyamnagar, P.S. Jagatdal, North 24 Parganas, Pin No. 743127.

SRI SUHRID BARAN PAL ROY, son of Late Pramatha Nath Pal, of Anjangarh, Feeder Road, P.O. Shyamnagar, P.S. Jagatdal, North 24 Parganas, Pin No. 743127.

SRI ASIT BARAN PAL, son of Late Pramatha Nath Pal, of 18/a Gautam Enclave, Sector B, AWHO Colony, Secunderabad, P.O. Monovikasnagar, P.S. Karkhana, Andhra Pradesh 500009 and temporarily residing with his son Wing Commander Angshuk Pal at OMQ 100/3, HQ Maintenance Command, P.O. Vayusena Nagar, P.S. Panchpaoli, Nagpur 440007.

SMT. NAMITA SEN, W/o Late Sushil Chandra Sen of 142A, Anand Palli, Jadavpur, P.O. Jadavpur University, P.S. Jadavpur, Kolkata - 700032.

Dr. SAMINDRA NATH PANDA, S/o Dr. Sachandra Nath Panda at residing at "Latika Apartment", Flat No. C1, 75, Hindusthan Park, P.O. Sarat Bose Road, P.S. Rabindra Sarobar, Kolkata - 700029 and temporarily residing of 72 Parkhall Road, Walsall, West Midlands, United Kingdom.

SRI SHOMIK PANDA, S/o Dr. Samindra Nath Panda at residing at "Latika Apartment", Flat No. C1, 75, Hindusthan Park, P.O. Sarat Bose Road, P.S. Rabindra Sarobar, Kolkata - 700029 and temporarily residing of 72 Parkhall Road, Walsall, West Midlands, United Kingdom.

SMT. CHANDA PAL ROY, W/o Late Manmatha Nath Pal Roy, residing at Anjangarh, Feeder Road, P.O. Shyamnagar, P.S. Jagatdal, North 24 Parganas, Pin No. 743127.

10.

Contd. To Page No. 2 . . . ./

: : 2 : :

C.C. No./271/2021 SRI ARUNABHA PAL ROY, S/o Late Manmatha Nath Pal Roy, residing at Anjangarh, Feeder Road, P.O. Shyamnagar, P.S. Jagatdal, North 24 Parganas, Pin No. 743127.

11.

SRI AMITHABHA PAL ROY, S/o Late Manmatha Nath Pal Roy, residing at Anjangarh, Feeder Road, P.O. Shyamnagar, P.S. Jagatdal, North 24 Parganas, Pin No. 743127.

12.

P R E S E N T :- Sri. Daman Prosad Biswas……….President. :- Sri. Abhijit Basu…………………. Member.

JUDGMENT /FINAL ORDER

Complainants above named filed this complaint against the aforesaid Opposite Parties U/s 35 of the Consumer Protection Act, 2019 praying for direction to the O.Ps to complete the incomplete work, to arrange the registration of flat, issue completion certificate, pay compensation amounting to Rs. 10,00,000/-, litigation cost amounting to Rs. 50,000/- and other reliefs.

They alleged that O.Ps approached the Complainants for selling of flat and Complainants were agreed to purchase the same. Consideration money was fixed Rs. 17,30,000/-. Relating to the said transaction no written agreement for sale was prepared. Only on the basis of verbal agreement Complainants paid an advance of Rs. 4,00,000/- in favour of the O.Ps. Subsequently Complainants paid remaining amount of the consideration amount. Thereafter O.P No. 1 and 2 handed over the physical possession in favour of the Complainants on 23/07/2015 with incorrect possession letter after receiving the entire consideration money from the Complainant. But thereafter O.Ps not yet executed the sale-deed relating to the aforesaid flat. Complainant made several request and several communications but did not get any fruitful result. Hence, this case.

On perusal of Order No. 13 dated 22/06/2023 we find that inspite of paper publication through 'AAJKAL' dated 07/05/2023, O.Ps did not turn up and case is running ex-parte against them.

TRIAL

During Trial Complainant No. 1 filed affidavit-in-chief as O.Ps not yet appeared in this record so no questionnaires were filed on behalf of the O.Ps. Even no evidence was filed on behalf of O.Ps.

DOCUMENTS

Complainants filed copy of the following documents:-

Copies of 8 money receipts for the amount of Rs. 3,75,000/-, Rs. 25,000/-, Rs. 1,00,000/-, Rs. 1,00,000/-, Rs. 1,00,000/-, Rs. 3,00,000/-, Rs. 4,00,000/- and Rs. 3,30,000/- i.e in total Rs. 17,30,000/-……8 sheets…..xerox.

Contd. To Page No. 3 . . . ./

: : 3 : :

C.C. No./271/2021

Possession Letter dated 23/07/2015…..1 sheet…..xerox.ii. Aadhar Card of Complainant No. 1….1 sheet….xerox.iii.

BNA

Complainants filed BNA.

Decisions with Reasons:-

We have heard the Ld. Advocate for the Complainant. Perused the petition of complaint, affidavit-in-chief and documents filed by the Complainants. Original copy of aforesaid documents were produced at the time of hearing of argument and this were returned to the Ld. Advocate for the Complainants.

During hearing Ld. Advocate for the Complainants submitted that no written agreement for sale was executed in favour of the Complainants. But as per oral agreement Complainants paid the entire consideration amount i.e. Rs. 17,30,000/- in favour of the O.Ps but till date O.Ps not yet executed the sale-deed nor completed the pending works of the flat nor issued any completion certificate.

We have carefully gone through the affidavit-in-chief filed by the Complainant No. 1 which the Complainants filed in support of their contention. Said affidavit-in-chief is nothing but unchallenged testimony and we do not find any reason to disbelieve the same. On perusal of aforesaid documents we find that O.P No. 1 issued those documents i.e. money receipts in favour of the Complainant No. 2 and Complainant No. 1. Accordingly we find that Complainants have paid Rs. 17,30,000/- in favour of the O.Ps.

On perusal of possession letter dated 23/07/2015 we find that O.Ps have issued possession letter in favour of the Complainants and on the basis of said letter Complainants entered into the aforesaid flat.

It is the allegations of the Complainants that till date O.Ps not yet executed any sale-deed in favour of the Complainants.

Placing reliance upon the said affidavit-in-chief as well as documents on record we do not find any reason to disbelieve the same.

On perusal of record we find that Complainant is the consumer and O.Ps are the service provider.

Accordingly we find that the aforesaid act on the part of the O.Ps are nothing but deficiency in service.

Having regard to the aforesaid discussion it is clear before us that Complainants have able to established their grievance by sufficient documents beyond reasonable doubt. Accordingly, they are entitled to relief as per their prayer.

In the result, present case succeeds.

Contd. To Page No. 4 . . . ./

: : 4 : :

C.C. No./271/2021 Hence,

It is Ordered:-

That the present case be and the same vide no. CC/271/2021 is allowed ex-parte against the O.Ps with cost of Rs. 5,000/- to be paid by O.Ps in favour of the Complainant. O.Ps are directed jointly or severally to execute sale-deed in favour of the Complainants in respect of the aforesaid flat specifically mentioned in the petition of complaint within 45 days from this day, failing which Complainant shall have liberty to put this order into execution. O.Ps are directed jointly or severally to complete the incomplete work of the aforesaid flat specifically mentioned in the petition of complaint within 45 days from this day, failing which Complainant shall have liberty to put this order into execution.

O.Ps are directed jointly or severally to pay compensation amounting to Rs. 50,000/- in favour of the Complainants relating to aforesaid deficiency in service regarding sale of the aforesaid flat specifically mentioned in the petition of complaint within 45 days from this day, failing which Complainant shall have liberty to put this order into execution. Let a copy of this order be supplied to both the parties free of cost as per CPR, 2005.

Dictated and Corrected by me

President Member President [HON'BLE MR. Daman Prasad Biswas]

PRESIDENT

[HON'BLE MR. Sri Abhijit Basu]

MEMBER

CC/271/2021

Sri Debasish Chakrab... v. M/S Swabhumi Enginee...

Sri Debasish Chakraborty, S/O- Sri Ashutosh Chakraborty v. M/S Swabhumi Engineers and Developers Private Limited, represented by its Director Sri Prabir Roy, S/O- Lt. Hara Kumar Roy

Comments