West Bengal
South 24 Parganas
CC/468/2014
Sri Ashok Kr. Mishra, S/O Ram Behari Mishra. - Complainant(s)
Versus
1. Mrs. Bela Rudra, W/O Late Ranjan Rudra. - Opp.Party(s)
13 Apr 2015
ORDER
DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM
SOUTH 24 – PARGANAS , JUDGES’ COURT, ALIPORE KOLKATA-700 027
C.C. CASE NO. _468__OF ___2014_____
DATE OF FILING : 18.9.2014_ DATE OF PASSING JUDGEMENT:_13.4.2015_
Present : President : Udayan Mukhopadhyay
Member(s) : Dr. (Mrs.) Shibani Chakraborty
COMPLAINANT : Sri Ashok Kr. Mishra, s/o Ram Bihari Mishra of 1, Ganesh Mondal
Avenue, 1st Lane, also known as Garfa Doctor Bagan, P.S. Survey Park previously Puerba Jadavpur, Kolkata – 78.
-VERSUS -
O.P/O.Ps : 1. Mrs. Bela Rudra,w/o late Ranjan Rudra of
46B, New Ballygunbge Road, P.S. Kasba, Kolkata – 39.
2. Sri Satya Gopal Guha
3. Sri Manabendra Guha
4. Sri Manoj Kr. Guha
5. Sri Ajay Kr. Guha
6. Sri Bejoy Kr. Guha
All sons of Nani Gopal Guha of 28/1, Raja Subodh Chandra Mullick Rd.
Kolkata – 32, P.S. Jadavpur.
________________________________________________________________________
J U D G E M E N T
Sri Udayan Mukhopadhyay, President.
It is the short case of the complainant that by way of an agreement dated 18.9.2006 executed by and between the complainant and the predecessor of the O.P-1 Ranjan Rudra, since deceased, Proprietor of M/s Apsara Construction , the complainant intended to purchase a garage space/room measuring more or less 200 sq.ft together with undivided proportionate share of land of the aid building with common areas and facilities of 42A, Sholok Pally, mailing address 1, Ganesh Chandra Avenue, 1st Lane, also known as Garfa Doctor Bagan, P.S. Survey Park, previously Purba Jadavpur, Kolkata – 78 . It has claimed that in terms of the said agreement the complainant was intimated by the developer O.P-1 for taking possession of the said property before Kalipuja i.e. on or before 20.12.2006 and accordingly complainant obtained possession of the suit property on 18.10.2006 and he has paid a sum of Rs.5000/- towards advance on the date of execution of the said agreement and before that on 10.9.2006 Ranjan Rudra, since deceased, received a sum of Rs.10,000/- only from Ram Behari Mishra , the father of the complainant and due to non-repayment of the said amount it was settled between the said Ram Behari Mishra , Ranjan Rudra and complainant that the said amount will be adjusted with the consideration money of the suit property. Accordingly complainant has paid a sum of Rs.15000/- out of total consideration money of Rs.50,000/-. It has claimed that complainant was always and still is ready and willing to pay balance consideration money to the O.P-1 for completion of the said transaction but the O.P-1 said that they are mentally upset due to sad demise of their predecessor and asked for some time for execution and registration of the deed . But more than two years had passed and O.ps making delay in execution and registration of the deed which is a deficiency in service and hence this case.
It appears that inspite of servicing summon one of the O.Ps appear and hence the case proceeded 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
From the documents annexed with the application it appears that there was an un-registered agreement between the predecessor of the parties and it was decided that Rs.50,000/- have to be paid for one space approximately 200 sq.ft and vacant possession will be handed over before Kalipuja and out of that amount complainant paid Rs.5000/-. Thereafter we find that Rs.10,000/- was also received by the predecessor of the O.P. But registration was not made due to the death of the original landlord on a pretext that they are very much shocked and assured to register the same but up till now no registration has been made which is a deficiency in service on the part of the O.Ps.
Hence,
Ordered
That the application under section 12 of the C.P Act is allowed exparte with cost of Rs.1000/-.
The O.Ps are directed to execute and register the deed of conveyance in respect of the suit property mentioned in schedule of the complaint within 30 days from the date of this order, failing which, the complainant may approach the Forum and Forum will appoint one machinery for registration of the schedule property in favour of the complainant.
Complainant is directed to tender the remaining amount within the stipulated date in the name of the O.P-1.
O.Ps are directed to pay compensation to the tune of Rs.5000/- and cost as mentioned above within 30 days from this date.
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 application under section 12 of the C.P Act is allowed exparte with cost of Rs.1000/-.
The O.Ps are directed to execute and register the deed of conveyance in respect of the suit property mentioned in schedule of the complaint within 30 days from the date of this order, failing which, the complainant may approach the Forum and Forum will appoint one machinery for registration of the schedule property in favour of the complainant.
Complainant is directed to tender the remaining amount within the stipulated date in the name of the O.P-1.
O.Ps are directed to pay compensation to the tune of Rs.5000/- and cost as mentioned above within 30 days from this date.
Member President
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