DIPTI DASGUPTA Vs. C D CONSTRUCTION AND ORS

JUDGEMENT

(1.) THE present appeal has been directed against the judgment and order dated 15.9.2010 passed by learned District Consumer Disputes Redressal Forum, South 24 Parganas in CC case No. 104/2010 wherein learned District Forum allowed the petition of complainant ex parte with a cost of Rs. 2,000 with a direction upon the OPs to deliver copy of original sanction plan of the flat and completion certificate within 2 months from the date along with a direction to pay taxes to the KMC for the construction period along with a direction to pay damages to the tune of Rs. 5,000.

(2.) THE case of the Complainant -Appellant before the learned District Forum in brief was that the Complainant on the allegation of deficiency in service at the instance of the OP construction company and his partner filed the complaint case on amongst other on the ground of (i) Complainant has been provided with a lesser area than what was promised and agreed upon between the parties, (ii) OPs have failed to mutate the name of the Complainant in respect of the flat in question, (iii) The OPs have not paid the Municipal taxes during the construction period, (iv) The OPs have not provided the original sanctioned plan to the Complainant. (v) The OPs have not provided any car space, etc.

(3.) IN spite of service of notice to the OPs they did not contest the case and as such it was disposed of ex parte. Learned District Forum while disposing of the petition of complaint has observed that the Complainant has not been able to substantiate his allegations so far as it relates to providing with lesser area in the flat to the Complainant and that the Complainant having being already in position of the flat after accepting the same in good and ready condition is not entitled to any relief on some of the grounds. However, as the Complainant was not provided with completion certificate and Municipal sanctioned plan and that the Complainant is also entitled to payment of Municipal taxes during the construction period was very much entitled to some reliefs on those grounds and accordingly disposed of the petition of complaint ex parte as mentioned above.