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BEFORE THE HON’BLE DISTRICT CONSUMER
DISPUTES REDRESSAL COMMISSION HOWRAH |
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20, Round Tank Lane, Howrah 711 101 |
Consumer Complaint no. of 2021
In
the matter of :
An application
under Section 35 of the Consumer Protection Act’ 2019 and rules made therewith;
AND
In
the matter of :
1.
Sri
Sushanta Sengupta, Son of Late Samar Kumar Sengupta, residing at Village –
Jagatballabhpur, Rural Hospital, A/4, Quarter ( Goyalpota ) Post Office &
Police Station – Jagatballabhpur, Pin – 711408.
2.
Smt.
Jhuma Sengupta ( Roy ) Wife of Sri Sushanta Sengupta, residing at Village –
Jagatballabhpur, Rural Hospital, A/4, Quarter ( Goyalpota ) Post Office &
Police Station – Jagatballabhpur, Pin – 711408.
_______Complainants
-
Versus
–
1.
Sri
Bashanta Kumar Dey, Son of Sri Jaydeb Dey, of Village Chandul, Police Station –
Jagatballabhpur, District – Howrah. Pin – 711408.
2.
Sri
Manabendra Sarkar, Son of Sri Lalit Mohan Sarkar, of Village Jadavbati, Police
Station – Jagatballabhpur, District – Howrah. Pin – 711408.
3.
Sri
Pijush Kanti Ghosh, Son of Late Netai Chandra Ghosh, of Uttar Maju, Police
Station – Jagatballabhpur, District – Howrah. Pin – 711408.
4.
Sri
Tushar Ghosh, Son of Late Netai Chandra Ghosh, of Uttar Maju, Police Station –
Jagatballabhpur, District – Howrah. Pin – 711408.
5.
Sri
Deb Kumar Ghosh, Son of Late Nemai Chandra Ghosh, of Village & Post
Bhandargachha, Police Station – Amta, District – Howrah. Pin – 711408.
6.
Smt.
Sivani Ghosh, Wife of Deb Kumar Ghosh, of Village & Post Bhandargachha,
Police Station – Amta, District – Howrah. Pin – 711408.
7.
Sri
Arun Marik, Son
of Late Chittaranjan Marik, of Village & Post Bhandargachha, Police Station
– Amta, District – Howrah. Pin – 711408.
8.
Sri
Sukumar Marik, Son of Late Chittaranjan Marik, of Village & Post
Bhandargachha, Police Station – Amta, District – Howrah. Pin – 711408.
_______Respondents
Application
Valued at Rs. 30,00,000/- ( Rupees Thirty Lakhs ) only [
Consideration Value of the subject Flat as Rs. 24,00,000/- ( Rupees Twenty Four
Lakhs only ) and Rs. 6,00,000/- ( Rupees Six Lakhs ) only ]
To,
The
Hon’ble President and His Companion Members of the Hon’ble District Consumer
Disputes Redressal Commission, Howrah.
The humble
petition of the above named Complainants, most respectfully;
Sheweth as
under :
1. That the
Complainants are peace loving and law abiding Citizen of the Country. The
Complainants are residing at the address given in the cause title of the
application.
2. That the
Complainants are engaged in the Medical fraternity and their occupation being
in the private practice in medical yield their earning and livelihood. The
Complainant no. 1, is husband of the Complainant no. 2, therefore the
Complainants are husband and wife.
3. That the Respondents
no. 1 to 4, are the Developers, and the Respondents no. 5 to 8 are the Land
Owners, entered into a Development Agreement dated 10th day of
April’ 2013, which has Registered in the Office of the ADSR Amta, Howrah, vide
Being no. 01569 for the year, registered in Book – I, CD Volume number – 4,
Page from 3496 to 3522. The said development agreement entered between the
parties to develop the Land and property of the Land Owners on certain
specified terms, wherein the developer assailed to exploit their share to the
commercial aspects in pursuance to earn money on completion of proposed
building at Mouza – Gurjarpur, Dag no. 40, Khatian number 1294/1. 562/2, 1710,
1711, in JL no. 207, under the Jurisdiction of Amta Police Station, District –
Howrah.
4. That in the
year 2014, the Complainants were in search of a Flat, and consequently met with
the Developers, who showing prosperous location and other efficiency at Mouza –
Gurjarpur, Dag no. 40, Khatian number 1294/1. 562/2, 1710, 1711, in JL no. 207,
under the Jurisdiction of Amta Police Station, District – Howrah. Therefore the
Complainant on good faith and in belief made their mind to proceed further in
taking a flat on the proposed building of their constructions.
5. That the
Complainants, entered into an Agreement for Sale with the Respondents as the
Respondents convinced the Complainants showing prosperous location and other
efficiency in respect of one Self-contained Flat admeasuring about 1,228 Sq.
ft. Super Built up area ( South – West Corner ) Block – D, at 2nd
Floor, in “SRI KRISHNA APARTMENT” at Gurjarpur, Amta, Howrah - 711401,
comprised in Mouza – Gurjarpur, Dag no. 40, Khatian number 1294/1. 562/2, 1710,
1711, in JL no. 207, under the Jurisdiction of Amta Police Station, District –
Howrah, for a Consideration money as Rs. 24,00,000/- ( Rupees Twenty Four Lakhs
) only, promised to be completed within a period of 6 ( Six ) months.
6. That the
Complainants paid the substantial sum of money towards consideration value in
terms of the said agreement for sale made in the year 2014. The details of such
payments are furnishing herein as follows :
1.
14-03-2014
– Rs. 5,00,000/-
2.
08-11-2014
– Rs. 3,50,000/-
3.
17-01-2015
– Rs. 5,00,000/-
4.
21-02-2015
- Rs. 4,50,000/-
5.
27-05-2015
– Rs. 2,00,000/-
6.
22-06-2016
– Rs. 3,00,000/-
7. That in the
month December’ 2016, physical possession of the said Flat has been handed over
by the Respondents, upon receipt of substantial sum of money being
consideration value of the said flat but without any Letter of Possession
serving by the Respondents on the Complainants. Therefore the Complainants are
in possession of the subjected flat. The Complainants after having possession
found that the basic amenities including electric connection has not given by
the Respondents.
8. It is
pertinent to states that at the time of effecting the electric connection on
the premises some of the respondents being the Land Owners of the premises
placed objection before the authority concern of WBSEDCL and also placed
objection before the Panchayat authority concern, while the Complainants
approached for the Trade License. Therefore the Respondents at the one hand
taken substantial consideration money of the said subject flat and another hand
placed objection before the authority concerned in not giving and or providing
their civic amenities and or essential services, so far. Thus the Complainants are
victim at behest of the Respondents.
9. That the
Complainants are in possession since then and observed & found that the
common facilities being amenities including Lift, plaster & Color at
Outside wall, incomplete stair case, incomplete sewerage & water
connection, etc. has not been provided by the Respondents till date.
10.
That
the Complainants are Doctors by Occupation and are engaged in their Private
practices, therefore the Complainants have dream to established their own
Diagnostic Center cum Clinic for their sole livelihood purposes, and in such
recourse’s the Complainants entered into an agreement for sale as suggested by the
Respondents at their terms.
11.
That
the Complainants even though in the physical possession of the said flat not
able to established & run their Diagnostic Center cum Clinic for their sole
livelihood, since the month of December’ 2016. Thus my Clients are suffering a
lot in respect of their earning for their livelihood at the behest of the
Respondents as they did not execute and register the Deed of Conveyance in
favour of the Complainants, and did not provide any Completion Certificate in
respect of the premises and the said flat and did not provide any Possession
Letter in respect of the said flat. The Respondents did not complete the premises
and more particularly they did not provide Lift at the premises.
12.
That
the Complainants are victim at the behest & promises of the Respondents and
therefore the Complainants sustained Loss in their earning and the needy people
to take medical assistance lost such opportunity at the behest of the
Respondents.
13.
That
it is evident from the afore-stated facts that the Respondents are in circumstances
with creating hurdles and different problems time and again, off & on, at
the premises, more-particularly to the Complainants, the reasons best known to the
Respondents. The Complainants are Doctor by Occupation in Medical fraternity
serving people at large having substantial contribution in the Society Health
issues are suffering enormous at behest of the Respondents. It is pertinent to
states that in the Development Agreement it is very clear and categorically
stated that the deed of conveyance or deed of sale must be executed jointly by
the Developer and the Land Owner of the Premises, meaning thereby by all the
Respondents.
14.
That
the Complainants beg to state that it is learnt that there is existing
continuous disputes in the Land Owners and the Developer, and therefore some
time some of the Land Owner put their objection and some-time another Land
Owners, and some time the Developer fighting with them, such unwarranted events
are going on at the premises. The Developer did not complete the premises and
did not install the lift at the premises. The owners of the Land are disturbing
and creating hurdles to the intending purchasers, who acquire physical
possession on substantial payment of consideration money to the Developer.
15.
That
the Complainants beg to state that Since however, the Complainants feel that
good sense prevail on the Respondents, therefore the Complainants through their
Learned Advocate’s Letter dated 20th
day of September’ 2021, seeks to have a Letter of Possession, Completion
Certificate from the Local Body of the Government, Completion of the incomplete
work in respect of common passages, stair case, water and sewerage connection,
Plaster and Color at Out-side wall, and more emergent installation of Lift at
the premises, and to execute and register the Deed of Conveyance in favour of the
Complainants, at the earliest. The said Letter has duly served through post.
The Respondents are in receipt of the said Letter dated 20th day of
September’ 2021, though nothing yield.
16.
That
the Complainants beg to state that the Complainants are ready and willing to
pay the balance consideration money on the day of execution and registration of
Deed of Conveyance in their favour by the Respondents.
17.
That
the Complainants paid in total as Rs. 23,00,000/- ( Rupees Twenty Three Lakhs )
only, out of the agreed Consideration value of the flat being Rs. 24,00,000/- (
Rupees Twenty Four Lakhs ) only, therefore a sum of Rs. 1,00,000/- ( Rupees One
Lakh ) only remaining to pay by the Complainants to the Respondents. The
Complainants are ready and all along willing to pay the balance consideration
money to the Respondents on proper receipt thereof.
18.
That
the Complainant seek to get the followings :
a)
Letter
of Possession in respect of the said Flat;
b)
Completion
Certificate from the Local Body of the Government, in respect of the said Flat
and the Premises;
c)
Completion
of the incomplete work in respect of common passages, stair case, water and
sewerage connection, Plaster and Color at Out-side wall, and more emergent
installation of Lift at the premises;
d)
Registration
of the Deed of Conveyance in favour of
the Complainants by the Respondents.
19.
That
the described acts and omissions of the Respondents as stated in the foregoing
paragraphs are well established their unfair trade practices, and deficiency in
services, in terms of the provisions of the Consumer Protection Act’ 2019.
20.
That
the Complainants state and submit that the Complainants are victim of the
purported acts and deficiency in services at the instances of the respondents
and the acts of the respondents as well as the facts are well constitute the
deficiency in services and unfair trade practices on the part of the
respondents.
21.
That
the Complainants state and submit that the purported activities of the
respondents established deficiency in services, which is contrary to the Law.
22.
That
the Complainants state and submit that from all of the statements made above,
it is clear that the respondents are guilty of deficiency in services as meant
for in the Consumer Protection Act 2019.
23.
That
the Complainants state and submit that the respondents shall also pay the
Compensation due to the Complainants for harassment, troubles, physical
inconvenience and mental agony arising directly out of the breach of the
agreement and breach of the duty on the part of the respondents. The
Complainants assesses such loss and damages as of Rs. 6,00,000/- ( rupees Six
Lakhs ) only.
24.
That
the Cause of action arose at first while the Developer and the Complainants
entered into an Agreement for Sale dated 14-03-2014, and making the first
payment on the said date. Thereafter on each day while the Complainants made
the payments and the Respondents received such payments towards consideration
value of the said flat on due receipts thereof, wherein the last payment has
made on 22-06-2016, by the Complainants to the Respondents. Thereafter while
the Respondents handed over the Physical Possession of the said Flat in the
month of December’ 2016. Awaiting Completion
Certificate from the Local Body of the Government, Completion of the incomplete
work in respect of common passages, stair case, water and sewerage connection,
Plaster and Color at Out-side wall, and more emergent installation of Lift at
the premises, and to execute and register the Deed of Conveyance in favour of
the Complainants, are sufficient causes in continuation and since substantial
period has elapsed and resolution has not come to the complainants. The
Complainants resort before the Hon’ble District Consumer Disputes Redressal
Commission, Howrah.
25.
That
the Complainants enclosing herewith the documents / papers relied on the
Complainants with this application, as follows :
a)
Agreement
for Sale;
b)
Money
Receipts;
c)
Development
Agreement;
d)
Letter
of the Complainants;
e)
Other
relevant documents;
26.
That
the instant application / Petition is within the jurisdiction of the Hon’ble
District Consumer Disputes Redressal Commission, Howrah, as the Respondents are
resident in the district of Howrah, and the subjected flat and the premises are
in the district of Howrah. The Complainants are residing in the district
Howrah.
27.
That
the present Complaint / application / petition is being filed within the period
as prescribed under Section 69 of the Consumer Protection Act’ 2019.
28.
That
your Complainants crave leave to produce the relevant documents / or papers at
the time of hearing or evidence during trial of the present consumer proceeding
before the Hon’ble District Consumer Disputes Redressal Commission, Howrah.
29.
That
the present Consumer Complaint being made bona-fide and in the interest of
administration of justice.
30.
The
Complainants therefore prayed for :
Under the above facts and
circumstances, it is prayed that the Hon’ble District Consumer Disputes
Redressal Commission, Howrah, would graciously be pleased to grant the
following prayers / relief / reliefs :-
a)
To
direct the respondents to give the Completion Certificate from the Local Body
of the Government in respect of the subject flat, in terms of the Agreement for
Sale dated 14-03-2014, to the Complainants;
b)
To
direct the Respondents for Completion of the incomplete work in respect of
common passages, stair case, water and sewerage connection, Plaster and Color
at Out-side wall, and more emergent installation of Lift at the premises, in
terms of the Agreement for Sale dated 14-03-2014;
c)
To
direct the Respondents to execute and register the Deed of Conveyance in favour
of the Complainants, in respect of the subject flat, in terms of the Agreement
for Sale dated 14-03-2014, in the interest of administration of Justice;
d)
To
direct the Respondents to pay compensation as for the harassment, troubles,
loss, physical inconveniences and mental agony, suffered by the Complainants
from the purported activities and others by the respondents as assessed as Rs.
6,00,000/- ( Rupees Six Lakhs ) only, to the Complainants, in the interest of
administration of Justice;
e)
To
grant the cost of the present consumer proceeding;
f)
To
grant any other relief or alternate relief to the complainants as found out by
the Hon’ble District Commission, in the facts and circumstances of the
Complainants.
And to pass
such other necessary order or orders as the Hon’ble District Consumer Disputes
Redressal Commission, Howrah, may deem, fit and proper for the end of Justice.
And
for this act of kindness, the Complainants, as in duty bound shall ever pray.
SCHEDULE OF
THE FLAT
ALL THAT piece and
parcel of one Self-contained Flat admeasuring about 1,228 Sq. ft. Super Built
up area ( South – West Corner ) Block – D, at 2nd Floor, in “SRI
KRISHNA APARTMENT” at Gurjarpur, Amta, Howrah - 711401, comprised in Mouza –
Gurjarpur, Dag no. 40, Khatian number 1294/1. 562/2, 1710, 1711, in JL no. 207,
under the Jurisdiction of Amta Police Station, District – Howrah.
Verification
I,
Sri Sushanta Sengupta, being the Complainant no. 1, herein, do hereby declare
that the foregoing paragraphs no. _________to _________ are true to the best of
my knowledge and belief and the rests are my humble submissions before the
Hon’ble District Commission. I duly sign and verify this application on
_______________2021, at the Howrah.
Verification
I,
Smt. Jhuma Sengupta ( Roy ), being the Complainant no. 2, herein, do hereby
declare that the foregoing paragraphs no. _________to _________ are true to the
best of my knowledge and belief and the rests are my humble submissions before
the Hon’ble District Commission. I duly sign and verify this application on
_______________2021, at the Howrah.
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BEFORE THE HON’BLE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION HOWRAH |
|
20, Round Tank Lane, Howrah 711 101 |
Consumer Complaint no. of 2021
In
the matter of :
Sri
Sushanta Sengupta & Anr.
________Complainants
-
Versus
–
Sri Bashanta
Kumar Dey & Others
_________Respondents
AFFIDAVIT
Affidavit
of Sri Sushanta Sengupta, Son of Late
Samar Kumar Sengupta, aged about ______ years, by faith Hindu, by Occupation
Doctor and Smt. Jhuma Sengupta ( Roy ) Wife of Sri Sushanta Sengupta, aged
about _______years, by faith Hindu, by Occupation Doctor, both are residing at
Village – Jagatballabhpur, Rural Hospital, A/4, Quarter ( Goyalpota ) Post
Office & Police Station – Jagatballabhpur, Pin – 711408, West Bengal.
We,
the above deponents do hereby solemnly affirm and declare as under :
1.
We
are the Complainants and thoroughly conversant with the facts and circumstances
of the present consumer proceeding and are competent to swear this affidavit.
2.
The
facts contained in our accompanying consumer complaint or application, the
contents of which have not been repeated herein for the sake of brevity may be
read as an integral part of this affidavit and are true and correct to our
knowledge.
DEPONENTS
Verification
We,
the above named deponents do hereby solemnly verify that the contents of our
above affidavit are true and correct to our best of knowledge and belief and no
part of it is false and nothing material facts has been concealed therein.
Verified
this ____________the day of _____________2021, at Howrah, West Bengal
DEPONENTS
Prepared
in my Chamber, Identified
by me,
Advocate
Advocate
Date
: _________________2021.
Place
: Howrah, West Bengal.
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