DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM
SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 0144
C.C. CASE NO. _196_ OF ___2014_
DATE OF FILING : _29.4.2014 DATE OF PASSING JUDGEMENT:12/06/2017
Present : President : Udayan Mukhopadhyay
Member(s) : Jhunu Prasad
COMPLAINANT : Kunal Das, s/o late Karuna Sindhu Das of Flat no.2, Front Side, 1st Floor, premises no. 146, Subodh Park, P.O Bansdroni, P.S. Bansdroni, Kolkata – 70.
-VERSUS -
O.P/O.Ps : 1. Debobrata Dhar, father’s name not known, .
2. Debopriyo Dhar,s/o Debobrata Dhar.
3. Miss Maitrayee Dhar, d/o Sri Debobrata Dhar, all of 3, Aurbbinda Road, P.S. Kasba, Kolkata – 75.
4. Smt. Laxmi Banerjee,w/o late Satchidananda Banerjee.
5. Gautam Banerjee,s/o late Satchinanda Banerjee, both of P-65, Subodh Park, Kolkata -70 and also at Danuriapand, P.O & P.S Dhanbad, Dist. Dhanbad.
6. Smt. Shweta Banerjee, d/o late Satchidananda Banerjee at Deshbandhu Nagar, P.S. Baguihati, Kolkata – 59.
7. Shrubha Chakraborty,w/o Sri Gautram Chakraborty and d/o late Satchidananda Banerjee of11/A, L.N. Dutta Road, 2/A, 2nd Floor, Netaji Nagar, Kolkata -40.
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J U D G E M E N T
Sri Udayan Mukhopadhyay, President
The short case of the complainants is that Smt. Mahua Dhar, since deceased being sole Proprietor of M/s Prime Stone had entered into an agreement for development for construction of a new building at schedule A property with respondent nos. 4 to 7 who also had given power to the said Mahua Dhar, since deceased, to enter into any agreement for sale of flats on the proposed building . In terms of the said development agreement and power of attorney said Mahua Dhar, since deceased entered into an agreement for sale with the complainant to sell a flat on the first floor front side measuring 755 sq.ft super built up area at a price of Rs.6,04,000/-. Complainant paid full amount of consideration money of Rs.6,04,000/- and upon payment of full consideration money the O.P-1 to 3 , who stepped into the shoes as legal heirs of Mahua Dhar, since deceased, delivered possession of the said flat to the complainant, the possession letter is annexed as Annexure D. Thereafter complainant tried to get the deed of conveyance but on several pretext the land owners did not comply the same and at last one legal notice was sent through Mrs. Karabi Mukherjee(nee Banerjee) and inspite of that they did not pay any heed to it. Hence, this case with a prayer to direct the respondents to execute and register the deed of conveyance in respect of the schedule property in favour of the complainant and not to create any third party interest, compensation of Rs.50,000/- with interest @18% p.a, cost Rs.25000/-etc.
Inspite of serving summon neither the developer nor the land owners turned up. Hence, the case is proceedings in exparte.
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
Admittedly complainant took one flat and to that effect one agreement for sale was made on 23.6.2002 and total consideration of Rs.6,04,000/- was paid.
It is the contention of the complainant that he has paid full consideration money and he is in possession of the flat which is appearing from annexure D. Thus the O.Ps, land owners are duty bound to execute and register the deed of conveyance in favour of the complainant.
At the time of argument it has come to our knowledge from the Ld. Advocate of the complainant that complainant is in possession of the flat since 2005 and he is paying tax to the KMC authority and enjoying electricity in his name.
Thus we find that non-execution and registration of the deed of conveyance is a glaring example of deficiency in service.
It is unheard of but Ld. Advocate of the complainant has conveyed that his client is not interested to get cost and compensation. B
Hence,
Ordered
That the application under section 12 of the C.P Act, 1986 is allowed in exparte against the O.Ps.
The land owners ,O.P nos. 4 to 7 are directed to execute and register the deed of conveyance in favour of the complainant in respect of the schedule flat within 15 days from the date of this order wherein the O.P nos. 1 to 3 shall stand as a confirming party ,failing which, complainant is at liberty to get the deed of conveyance through the machinery fo the Forum. If the machinery of the Forum is appointed, he will also put his signature as a confirming party on behalf of O.P nos. 1 to 3 in the said deed.
Since complainant is not interested to get cost and compensation, we do not proposed any amount of cost and compensation.
Let a plain copy of this order be supplied to the complainant free of cost and a copy of this be sent to the O.Ps from the office of this Forum.
Member President
Dictated and corrected by me
President
The judgment in separate sheet is ready and is delivered in open Forum. As it is ,
Ordered
That the application under section 12 of the C.P Act, 1986 is allowed in exparte against the O.Ps.
The land owners ,O.P nos. 4 to 7 are directed to execute and register the deed of conveyance in favour of the complainant in respect of the schedule flat within 15 days from the date of this order wherein the O.P nos. 1 to 3 shall stand as a confirming party ,failing which, complainant is at liberty to get the deed of conveyance through the machinery fo the Forum. If the machinery of the Forum is appointed, he will also put his signature as a confirming party on behalf of O.P nos. 1 to 3 in the said deed.
Since complainant is not interested to get cost and compensation, we do not proposed any amount of cost and compensation.
Let a plain copy of this order be supplied to the complainant free of cost and a copy of this be sent to the O.Ps from the office of this Forum.
Member President
