State Consumer Disputes Redressal Commission
Mrs. Jayanti Basu vs Directors Representing M/S. Ullahas ... on 29 December, 2017
Cause Title/Judgement-Entry STATE CONSUMER DISPUTES REDRESSAL COMMISSION WEST BENGAL 11A, Mirza Ghalib Street, Kolkata - 700087 Complaint Case No. CC/324/2016 1. Mrs. Jayanti Basu W/o Amit Basu, AH-314, Salt Lake, Kolkata - 700 091, West Bengal. ...........Complainant(s) Versus 1. Directors Representing M/s. Ullahas Nandini Udyog Pvt. Ltd. Madhabi Mansion, 3/1/2, Haradeb Bhattacharya Lane, Shibpur, Howrah - 711 102. 2. Ms. Anindita Panja W/o Lt. Chittaranjan Panja, Madhabi Mansion, 3/1/2, Haradeb Bhattacharya Lane, Shibpur, Howrah - 711 102. 3. Mr. Avijit Dey S/o Sri Bijoy Kr. Dey, Kalipur, Arambag, Dist. Hooghly, Pin-712 601. ............Opp.Party(s) BEFORE: HON'BLE MR. JUSTICE ISHAN CHANDRA DAS PRESIDENT HON'BLE MR. TARAPADA GANGOPADHYAY MEMBER For the Complainant: Mr. Amit Basu (Authorised Person)/, Advocate For the Opp. Party: None appears Dated : 29 Dec 2017 Final Order / Judgement
HON'BLE JUSTICE ISHAN CHANDRA DAS, PRESIDENT This complaint case arose out of an application under section 17 of the Consumer Protection Act where the complainant claiming herself to be a victim of unfair trade practice and deficiency of service filed the petition of complaint claiming certain reliefs in terms of her application dated 22-07-2016.
Briefly stated, the case of the complainant was that the complainant with a view to purchasing a flat entered into an agreement with the OP/Ulhas Nandini Residential complex for purchasing the type 'E' flat on the 5th floor, Block-3 and a car parking space no. 79' (as given in the brochure) for a consideration of Rs. 29,70,376/- (Rupees twenty lakh seventy thousand three hundred seventy six) and a deed was registered at Burdwan Registry office on payment of such consideration when the number of car parking space was done, it was found that the car parking number 79 was not found in the location, as given in the brochure. The complainant verbally approached the management staff indicating the error but no action for rectification was taken on their part, despite assurance was given to the complainant. The complainant sent registered letters dated 04-11-2015 and dated 18-01-2016 to the opposite party but no result yielded. Finding no other alternative the complainant approached the Assistant Director Consumer Affairs and Fair business Practices for mediation for resolving the dispute which did not yield any fruitful result and left no alternative before the complainant but to take shelter of this Commission claiming the reliefs against the unfair trade practice as well as deficiency of service.
From a perusal of the case record, it appears that the opposite parties who neither appeared before the appropriate authority for mediation nor appeared before this Commission to make out any defence or to ventilate his grievance. The Deed of Assignment dated 26-09-2014, executed between the parties clearly revealed that the complainant got the flat and car parking space (space area no. 79 as per brochure) on the strength of such deed (Ext 03). As per said Deed of Assignment the complainant being entitled to the car parking space no. 79 measuring 110 sq. ft., since she paid consideration for such space as per agreement. Since the OP did not controvert the oral and documentary evidence in this regard, we find no alternative but to hold that the complainant deserves reliefs to some extent in terms of prayers as per petition of complaint.
Hence, ordered that petition of complaint dated stands allowed exparte. The OP is directed to provide the car parking space no. 79 measuring 110 sq. ft. at the location given in the brochure, to pay a sum of Rs. 50,000/- (Rupees fifty thousand) towards mental agony and harassment and Rs. 20,000/- (Rupees twenty thousand) towards litigation costs to be paid within 60 days from the date of the order in default to pay simple interest @ 10% per annum from the date of the order till the date of realization. [HON'BLE MR. JUSTICE ISHAN CHANDRA DAS] PRESIDENT [HON'BLE MR. TARAPADA GANGOPADHYAY] MEMBER