MRITYUNJAYA CHAKRAVORTY Vs. SUKANTA DAS

JUDGEMENT

(1.) Sh. Mrityunjoya Chakraborty, the complainant entered into an agreement for purchase of a flat on 27.01.2011 with Sh. Sukanta Das- OP. In the agreement it was stipulated that the flat on the ground floor measuring 340 sq. ft. @ Rs. 1,000/- per sq. ft. total being Rs. 3,40,000/- would be sold to the complainant. The entire consideration was paid and the conveyance deed was registered and executed on 18.11.2011.

(2.) It transpired that the flat measured 327 sq. ft. which was less by 13 sq. ft. The petitioner entered into the flat after 4 months and found that the flat was not constructed properly. It was damped due to soaking of water and the inside wall of the flat stood cracked due to use of poor quality building materials for construction. The request made by the complainant to rectify the defects fell on the deaf ears.

(3.) The complainant filed the complaint before the District Forum. The Opposite Party denied all the allegations. The District Forum allowed the complaint. The respondent was asked to pay Rs. 13,000/- and repair the defects. Costs of Rs. 5,000/- as compensation and costs of litigation to the tune of Rs. 2,000/- were also imposed. It was directed that the defects should be rectified within one month otherwise the OP was further directed to pay a sum of Rs. 100/- per day as interest from the date of the order passed by the District Forum on 09.10.2012 till its realization, out of the said amount, 50% will go to the complainant and 50% will go to the State Consumer welfare Fund.