DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR,
KOLKATA-700 0144
C.C. CASE NO. _497 _ OF ___2014
DATE OF FILING :_26.9.2014_ DATE OF PASSING JUDGEMENT: _19.7.2018_
Present : President : Ananta Kumar Kapri
Member(s) : Subrata Sarker & Jhunu Prasad
COMPLAINANT : Mr. Rajesh Gupta, son of Mr. Om Prakash Gupta of 162/B/377B, Lake Gardens, Kolkata – 45, and of flat no.GF-2, Ground Floor, 187, Prince Anwar Shah Road, P.S Lake, Kolkata- 33.
O.P/O.Ps : 1. Mahamaya Apartments Private Limtied at No.22/1, Ezra Mansions, 10, Govt. Place East, Kolkata – 1.
2. Smt. Ila Roychowdhury, wife of late Rajendra Nath Roy Chowdhury,
3. Rathin Roy Chowdhury, son of late Ranjan Roychowdhury,
4. Mr. Ramen Roychowdhury, son of late Ranjan Roychowdhury
5. Ratna Roychowdhury, daughter of late Ranjan Roychowdhury
6. Mr. Suprasidhaya Roy, son of late Sucharita Roy
7. Mr. Soumendra Roy, son of late Sucharitra Roy
All of 187, Prince Anwar Shah Road, P.S Jadavpur, Kolkata-33.
Proforma O.Ps : Mr., Debesh Ghosh, son of late P.B Ghosh of 11, Manju Villa, Bandra 246, Water Field Road, Mumbai 400 050 and alsot of 5-B, Dr. U.N Brahmachari Street, Kolkata – 17.
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J U D G M E N T
Sri Ananta Kumar Kapri, President
To be brief, the facts leading to the filing of the instant case by the complainants are that O.P-1 is the promoter/developer and O.P nos. 2 to 7 are joint owners of the property succinctly described in the schedule to the complaint. An agreement dated 20.2.1987 was executed between the developer i.e O.P-1 and the land owners and thereby the developer agreed to raise a G+5 storied building upon the subject land. Building was raised by the promoter and possession thereof was also delivered to the owners. The developer i.e O.P-1 got a flat also described in the schedule to the complaint on the ground floor along with other constructed premises in developer’s share. O.P-8 agreed to purchase the said flat on the ground floor from the developer; he paid the entire consideration price to the developer and a sale agreement was also effected between the developer and the O.P-8 on 12.10.1991. Possession of the said flat was taken by the O.P-8 on 18.11.1991; but, deed of conveyance was not executed and registered in favour of the O.P-8 . Thereafter, on 3.7.2002 O.P-8 has assigned all his interest in the said flat to the complainant by virtue of an agreement dated 3.7.2002 ,having received the consideration price from him. Now, the deed of conveyance is yet to be executed and registered in favour of the complainant. The complainant has , therefore, filed the instant case ,praying for execution and registration of the deed of conveyance , compensation etc. Hence, this case.
The O.Ps made their appearance in the case; but they have not filed any written statement and thereby paving the way for exparte hearing of the case.
The O.P-2 has expired and his legal heirs are already on record and, therefore, his name has been expunged from the petition of complaint.
EVIDENCE OF THE PARTIES
Evidence on affidavit is led on behalf of the complainant and the same is kept in the record after consideration.
DECISION WITH REASONS
It is to be seen now whether the complainant is entitled to get relief or reliefs as prayed for by him.
To give an answer on this point the facts of the case should be illuminated to some extent herein. In the instant case, it is O.P-8 who purchased the subject flat from the O.P-1 i.e the developer and he also got the possession thereof. While in possession, he made an agreement to transfer the said flat to the complainant and accordingly the possession of the flat was transferred to the complainant by him. An agreement was also executed by and between the complainant and the O.P-8 on 3.7.2002 and the developer i.e O.P-1 also signed the said agreement as confirming party.
Now arises the question whether this complainant can be treated as a consumer within the meaning of the term under Consumer Protection Act, 1986.
This complainant has agreed to purchase the flat from the O.P-8 and he is in the possession of the said flat still now. This being so, we can easily hold that the complainant is a beneficiary of O.P-8. He has received the benefits of the flat from the O.P-8 and his possession of the flat is with the approval of O.P-8. So, the complainant is considered to be a consumer in accordance with the provisions under section 2(1)(d) of the C.P Act, 1986. As the complainant is a consumer, he is entitled to get the relief , if he is otherwise entitled to have it.
It is stated by the complainant in his evidence that O.P-8 purchased the flat from the developer i.e O.P-1 and that the possession of the subject flat was also delivered to O.P-8 by O.P-1. It is also stated by him in his evidence that he has agreed to purchase the flat from the O.P-8 and the entire consideration price of the flat has also been paid to O.P-8 by him. When the entire consideration money of the flat has been paid to O.P-8, it is obligatory on the part of the developer i.e O.P-1 and also on the part of the land owners i.e O.P nos. 3 to 7 to execute and register the deed of conveyance in favour of the complainant. As the said sale deed has not been executed and registered in favour of the complainant, the complainant is deemed entitled to get the same in accordance with the law.
In the result, the case succeeds.
Hence,
ORDERED
That the complaint case be and the same is decreed exparte against the O.Ps but without cost.
The O.Ps are directed to execute and register the sale deed in respect of the subject flat in favour of the complainant within a month of this order ,failing which, the complainant is at liberty to execute and register the sale deed through the instrumentality of this Forum.
No compensation is ,however, awarded in favour of the complainant in view of inordinate delay caused by him in filing the case before the Forum.
At the same time, the O.Ps are directed not to transfer the subject property in favour of any one until the same is registered in favour of the complainant.
Let a free copy of this order be given to the parties concerned at once.
President
I / We agree
Member Member
Dictated and corrected by me
President
