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Sharmila Mukhopadhyay v/s Sunil Kanti Barua, Rep by his Constituted Attorney - Prasanta Bose & Others


Company & Directors' Information:- BOSE CORPORATION INDIA PRIVATE LIMITED [Active] CIN = U74899DL1995PTC070025

Company & Directors' Information:- E C BOSE AND CO PVT LTD [Active] CIN = U61200WB1962PTC025531

Company & Directors' Information:- BARUA AND COMPANY PRIVATE LIMITED [Active] CIN = U51909AS1998PTC005550

Company & Directors' Information:- BOSE & BOSE PVT LTD [Strike Off] CIN = U45201WB1983PTC036988

Company & Directors' Information:- SUNIL & CO PVT LTD [Active] CIN = U32109WB1984PTC037810

Company & Directors' Information:- M L BOSE AND CO PVT LTD [Strike Off] CIN = U65993WB1923PTC004737

Company & Directors' Information:- B BOSE & CO PVT LTD [Strike Off] CIN = U74992WB1945PTC012914

Company & Directors' Information:- A BOSE PVT LTD [Active] CIN = U01122WB1929PTC006142

Company & Directors' Information:- S N BOSE & CO PVT LTD [Strike Off] CIN = U66010WB1952PTC020196

Company & Directors' Information:- R K BOSE PVT LTD [Strike Off] CIN = U45201WB1982PTC034540

Company & Directors' Information:- N BOSE & CO PVT LTD [Strike Off] CIN = U70109WB1947PTC015768

Company & Directors' Information:- D N BOSE AND CO PVT LTD [Strike Off] CIN = U51909WB1933PTC007694

    Complaint Case No. CC/223/2016

    Decided On, 20 September 2019

    At, West Bengal State Consumer Disputes Redressal Commission Kolkata

    By, THE HONOURABLE MR. JUSTICE ISHAN CHANDRA DAS
    By, PRESIDENT
    By, THE HONOURABLE MRS. SAMIKSHA BHATTACHARYA
    By, MEMBER & THE HONOURABLE MR. SHYAMAL KUMAR GHOSH
    By, MEMBER

    For the Complainant: Prabir Basu, Advocate. For the Opp. Party: Sunita Guha, Advocate.



Judgment Text

Shyamal Kumar Ghosh, Member

The complainant has filed the instant case against the ops before the Commission and prayed for direction upon the ops to furnish the details of calculation of super built up area of the flat, to provide completion certificate, to pay Rs 6,80,000.00 towards compensation and to pay Rs 1,00,000.00 towards litigation cost etc.

The brief fact of the case is that the complainant entered into an agreement in October 2013 with the opposite parties for purchasing a flat measuring super built up area about 870 sft at a total consideration price of Rs 19,70,000.00 and in terms of agreement the complainant has paid full consideration to the ops. The execution and registration have already been made. The possession has already been handed over to the complainant. The complainant requested the ops on several occasion to provide details measurement of the flat in question and also to provide completion certificate to the complainant but the ops kept mum. In the mean time the complainant engaged a Civil Engineer for inspection of the flat in question. He measured the said flat and it was found that the complainant possessed 756.44 sft instead of 870 sft. The complainant requested the ops to return the amount of extra area 113.56 sft which is not actually enjoyed by the complainant. The ops did not pay any heed. Hence the complainant approached before the Commission for getting proper relief as prayed for in her petition.

Ops 1 to 3 contested this case by filing written version stating inter alia that the ops handed over the said flat in question to the complainant as per terms and conditions of the agreement. The ops also submitted that they have been pursuing the completion certificate before the concerned authority and they undertake to supply the said certificate to the complainant as soon as possible. They stated that the instant petition of complaint is frivolous, vexatious and harassing in nature. There is no negligence and deficiency in service on the part of ops. So the complaint / petition is liable to be rejected.

The instant case runs ex parte against op 4 as Sri Biswajit Sarkar has failed to file written version.

We have heard the ld. Advocate for the complainant. Considered his submission and perused the materials on records.

Before explaining the other issues involved in the complaint case, we try to decide whether the instant complaint case falls within the purview of Consumer Protection Act, 1986 or not as well as whether there is any gross negligence or deficiency in service on the part of ops or not in the instant case.

The Agreement for Sale executed in the month of October 2013 at Burdwan clearly reveals that out of total consideration amount of Rs 19,70,000/-, the complainant has already paid Rs 1,00,000/- to the developer firm as a booking money and the complainant has agreed to pay the balance amount by installments as per payment schedule of the said agreement. So from the above observations, there is no hesitation to hold that the ops are to be treated as “service providers” and complainant comes within the purview of the definition of the “Consumers” as per Consumer Protection Act, 1986.

After careful perusal of the record, we have seen that there are two main allegations against the ops. Firstly, the complainant has already got the area of the flat which is much less than what has been stated by the ops in the agreement for sale. Secondly, the ops have failed to provide the completion certificate to the complainant till date.

Regarding point no 1, It is admitted fact that the developer firm received a sum of Rs 19,70,000/- (Rupees Nineteen Lacs Seventy thousand only) from the complainant / purchaser as full and final consideration and to that effect the op-developer firm already executed the Registered Deed of Sale in favour of the complainant / purchaser on 6th day of June 2014 which is revealed from the Deed of Sale dated 06/06/2014. The page no. 7 of the said Deed of Conveyance clearly speaks being aware of such intention, the purchaser / complainant has approached the developer firm for purchasing the flat measuring area little more or less 653.24 square feet built up area ( a little more or less 870 square feet super built up area) and the purchaser / complainant after inspecting the sanctioned building plan, its measurement, dimensions, documents of chain of title deeds and other documents has agreed to purchase the said flat at or for the consideration of Rs 19,70,000/-. So, at this stage, we are not in a position to provide any relief to the complainant as the complaint, being fully aware purchased the said flat in question.

Regarding point no 2, it is clear to us that till date the ops have failed to provide the completion certificate to the complainant and that matter is clearly revealed from the written version filed by the ops 1 to 3 and in this respect we hold that there is a clear fault and deficiency in service on the part of the ops.

The preamble of Consumer Protection Act, 1986 clearly speaks for providing better protection of the interest of the consumers. In fact the Consumer Protection Act 1986 is a benevolent social legislation to provide quick relief to the consumers.

In view of the actual object of the preamble of C. P. Act, 1986, we hold that there is a fault and deficiency in services on the part of the ops as the ops in spite of receiving the full and final consideration amounting to

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Rs 19,70,000/- from the complainant they have failed to provide completion certificate to the complainant till date and therefore, we allow the petition of complaint in part on contest against the ops 1 to 3 and ex parte against the op 4, direct the ops to provide the completion certificate to the complainant within 90 days from the date of this order, to pay compensation of Rs 20,000/-( Rupees Twenty Thousand only), and to pay litigation cost of Rs. 10,000/- (Rupees Ten Thousand only) within the said stipulated period of time id the complainant shall have liberty to take proper steps against the ops as per law.
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