West Bengal

South 24 Parganas

CC/137/2015

Sri Arup Kumar Ghosh, S/O Late Achintya Ghosh. - Complainant(s)

Versus

1 M/S. Jayashree Construction Group a registered partnership Firm, represented by its partners. - Opp.Party(s)

Ramesh Kr. Choumal.

10 May 2016

ORDER

DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 0144

 

      C.C. CASE NO. _137_ OF ___2015__

 

DATE OF FILING : 20.3.2015                    DATE OF PASSING JUDGEMENT:  10.5.2016

 

Present                      :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :    Mrs. Sharmi Basu

                                                                             

COMPLAINANT              :   Sri Arup Kumar Ghosh,s/o late Achintya Ghosh of 8B, Chandra Mondal Lane, P.S. Tollygunge, Kolkata – 26.

 

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O.P/O.Ps                          :  1.   M/s Jayashree Construction Group,represented by its Partners;

                                              a.     Sri Avijit Das

                                              b.    Smt. Jayashree Ghosh

                                              having its registered office at 2/24, Rajendra Prasad Colony, P.S. Jadavpur, Kolkata – 33.

                                              2.      Sri Ranjit Kuamar Das alias Sunil Kr. Das,s/o late Kanai lal Das ,residing at 5/31, Rajendra Prasad Colony, P.S. Jadavpur, Kolkata – 33

                                           3.     Sri Anil Das

                                           3a.    Smt. Gouri Das,w/o late Anil Das

                                           3b.   Sri Amit Das,s/o late Anil Das

                                           3c.   Sri Avijit Das, s/o late Anil Das

                                           All are residing at 5/31, Rajendra Prasad Colony, P.S. Jadavpur,Kol- 33

4.Sri Tapan Kumar Das,s/o late Kanai Lal Das of 5/31, Rajendra Prasad Colony, Kolkata – 33.

5.      Sri Swapan Kumar Das,s/o late Kanai Lal Das of 5/31, Rajendra Prasad Colony, Kolkata – 33.

6.   Sri Ratan Das, s/o late Kanai Lal Das of 5/31, Rajendra Prasad  Colony, Kolkata – 33.

7.    Smt. Manju Das, w/o Sri Ajoy Kumar Gupta and d/o late Kanai Lal Dasof Purba Para (near Santa Babar Ashram),P.O Laskarpur, P.S. Sonarpur, Kolkata – 153.

_______________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

 

Sri Udayan Mukhopadhyay, President          

This is an application under section 12 of the C.P Act, 1986 filed by the complainant on the ground that  he was looking for a suitable flat in the Jadavpur area and came to learn  that a new building was going to be constructed in the said area. Accordingly he approached O.P-1 to get a flat in the proposed new building which will be constructed at premises no. 3/3, Prince Golam Md. Shah Road, being postal premises no.5/31, Rajendra Prasad Colony, P.S. Jadavpur, Kolkata – 33 . Accordingly complainant entered into an agreement for sale with the O.P nos. 1 and 2 on 2.1.2010 to purchase a self contained first floor flat measuring more or less 550 sq.ft super built area to be erected or built on the south eastern side of the first floor (back portion) of the proposed building at a consideration of Rs.7 lacs payable in installments, wherein it was acknowledged that according to the terms and conditions of the said agreement complainant paid a sum of Rs.1,80,000/- as booking money. It has also agreed that the O.P was under obligation to complete the said flat and hand over possession of the same within six months from its execution i.e. by 2.7.2010 and put in possession sometimes on 6^th November, 2011. Complainant also paid the entire consideration money of Rs.7 lacs but inspite of that O.Ps did not execute and register the deed of conveyance in respect of the said flat and miserably failed to perform their duty and obligation in terms of the said agreement which caused great harassment. It has further stated that complainant was asked to purchase stamp paper but inspite of that they did not execute and register the deed of conveyance .  Hence, this case with a direction to the O.Ps to execute and register the deed of conveyance in the name of the complainant in respect of the self contained first floor flat measuring more or less 550 sq.ft super built up area and to pay compensation of Rs.5 lacs, litigation cost of Rs.25000/- etc.

      Inspite of issuance of summon the O.Ps are very much reluctant to contest the case. Hence, the case proceeded in exparte against the O.Ps.

Points for decision in this case is whether there is any deficiency in service on the part of the O.Ps or not.

                                                Decision with reasons

We have perused the money receipts and we find that  O.P nos. 1 and 2 already received the entire consideration money of Rs.7 lacs and possession was handed over on 6.11.2011 without completing the entire building in all respect.

Now question is execution and registration of the deed of conveyance in respect of the flat in dispute.

That part of obligation has not yet been complied with in toto by all the O.Ps which is definitely a deficiency in service.

We have nothing to disbelieve the unchallenged testimony of the complainant, particularly when the complainant already paid entire consideration money and possessing the said flat.

 

 

 

Accordingly, it is

                                                                        Ordered

That the O.Ps are directed to execute and register the deed of conveyance in the name of the complainant in respect of the flat in dispute within one month from the date of this order, failing which, all the O.Ps are jointly and/or severally directed to pay Rs.3 lacs to the complainant towards excessive amount of stamp duty which caused harassment to the complainant financially.

The O.P nos. 1a    and 1b    namely Avijit Das and Smt. Jayashree Ghosh are directed to pay compensation for non-arranging the deed of conveyance amounting to Rs. 1 lacs to the DHr. along with litigation cost of Rs.20,000/- within 30 days form the date of this order, in default, interest will carry @9% p.a till its realization.

If the O.Ps did not cooperate in the matter of registration then complainant is at liberty to approach this Bench for executing the order through the machinery of the Forum.

Let a plain copy of this order be served upon the complainant free of cost and one copy be sent to the O.P through speed post.

 

 

 

Member                                                                                                                      President

 

Dictated and corrected by me

 

 

 

                        President

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The judgement in separate sheet is ready and is delivered in open Forum. As it is ,

 

 

    Ordered

That the O.Ps are directed to execute and register the deed of conveyance in the name of the complainant in respect of the flat in dispute within one month from the date of this order, failing which, all the O.Ps are jointly and/or severally directed to pay Rs.3 lacs to the complainant towards excessive amount of stamp duty which caused harassment to the complainant financially.

The O.P nos. 1a    and 1b    namely Avijit Das and Smt. Jayashree Ghosh are directed to pay compensation for non-arranging the deed of conveyance amounting to Rs. 1 lacs to the DHr. along with litigation cost of Rs.20,000/- within 30 days form the date of this order, in default, interest will carry @9% p.a till its realization.

If the O.Ps did not cooperate in the matter of registration then complainant is at liberty to approach this Bench for executing the order through the machinery of the Forum.

Let a plain copy of this order be served upon the complainant free of cost and one copy be sent to the O.P through speed post.

 

 

 

Member                                                                                                                      President