State Consumer Disputes Redressal Commission
Sri Parth Sarathi Rej & Others vs Tapan Kumar Das on 18 November, 2024
Cause Title/Judgement-Entry STATE CONSUMER DISPUTES REDRESSAL COMMISSION WEST BENGAL 11A, Mirza Ghalib Street, Kolkata - 700087 Complaint Case No. CC/564/2019 ( Date of Filing : 31 Jul 2019 ) 1. Sri Parth Sarathi Rej & Others S/o Lt. Chitta Ranjan Rej, Haridevpur, Dist. South 24 Pgs., Kolkata Municipal Corporation under ward no. -142, Kolkata -700 104. 2. Sri Jagabandhu Rej S/o Partha Sarathi Rej, Haridevpur, Dist. South 24 Pgs., Kolkata Municipal Corporation under ward no. -142, Kolkata -700 104. 3. Smt. Tamalika De W/o Sri Jagabandhu Rej, Haridevpur, Dist. South 24 Pgs., Kolkata Municipal Corporation under ward no. -142, Kolkata -700 104. ...........Complainant(s) Versus 1. Tapan Kumar Das S/o Lt. Chintaharan Das, sole prop., M/s. P.M. Enterprise, Haridevpur, Dist. South 24 Pgs., Kolkata - 700 082. ............Opp.Party(s) BEFORE: HON'BLE MR. AJEYA MATILAL PRESIDING MEMBER HON'BLE MR. NITYASUNDAR TRIVEDI MEMBER PRESENT: Ms. Paromita Ghosh, Advocate for the Complainant 1 Dated : 18 Nov 2024 Final Order / Judgement Hon'ble Mr. Ajeya Matilal, Presiding Member
Ld. Counsel for the Complainants is present.
This is the case U/s.12 of the Consumer Protection Act, 1986 valued at Rs.29,10,000/- (Rs.Twenty Nine Lakh twenty ten thousand) only.
The facts of the case in short like that the Complainant No.1) Sri Partha Sarathi Rej, Complainant No.2) Jagabandhu Rej and Complainant No.3) Smt. Tamalika De wife Sri Jagabandhu Rej purchased a scheduled flat from Opposite Party for consideration of Rs.24,10,000/- (Rs.Twenty four Lakh ten thousand) only and the said amount was paid through different dates by cheques and NEFTs. The Complainants got the possession of the said flat. The problem is that the for the improper sewerage system and there is no reservoir.
It is further contended by the Ld. Counsel for the Complainants that the common areas were used for other purposes. There was no room for caretaker etc. and there is no boundary wall also.
Under the circumstances, Complainants have prayed for direction upon the Opposite Party for supplying the completion certificate.
Complainants file several presentations to the Opposite Party so they did not take any step.
Notice was served upon the Opposite Party but still then the O.P did not appear.
So considering the facts referred above we are of the view that the Complainants were consumers and there is deficiency in service in the part of the Opposite Party and the Complainants are entitled to get relief.
Under the circumstances, the Opposite Party is directed to furnish the completion certificate and pay cost of Rs.1,50,000/- (Rs.One Lakh fifty thousand) only as compensation and litigation cost of Rs.10,000/- (Rs.Ten thousand) only within 60 days from the date of this order in default Complainants are at liberty to put this order into execution.
Let a copy of this Judgment made available to parties free of cost.
Thus, the complaint case being No.CC/564/2019 stands disposed of ex-parte.
Note accordingly. [HON'BLE MR. AJEYA MATILAL] PRESIDING MEMBER [HON'BLE MR. NITYASUNDAR TRIVEDI] MEMBER