DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SOUTH 24 – PARGANAS, AMANTRAN BAZAR, BARUIPUR,
KOLKATA-700 144
C.C. CASE NO. 119 OF 2018
DATE OF FILING : 12.10.2018 DATE OF JUDGEMENT: 08.05.2019
Present : President : Ananta Kumar Kapri
Member : Jhunu Prasad
COMPLAINANT : Mr. Subrata Bose,
S/o – Late Subodh Chandra Bose, Presently residing at premises being no. 38 Green Land, P.O. – Mukundapur, P.S. – Sonarpur, Kolkata - 700 099.
O.P/O.Ps : 1. M/s. Ambalika Housing Private Limited,
A Private Limited Company, Having it’s Registered Office at Premises being no. 1216, Madurdaha Road, P.O. – E.K.T.P., P.S. – Tiljala, Dist. – South 24 Parganas, Kolkata – 700 107.
2. Sri Sachin Paik,
S/o – Late Bimal Paik, Residing at premises being no. 62, Hossainpur, P.S. – Tiljala, Dist. – South 24 Parganas, Kolkata – 700 107.
3. Smt. Ambika Paik,
W/o – Sri Sachin Paik, Residing at premises being no. 62, Hossainpur, P.S. – Tiljala, Dist. – South 24 Parganas, Kolkata – 700 107.
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J U D G M E N T
Sri Ananta Kumar Kapri, President
Facts leading to the filing of the instant case may be epitomized as follows.
O.P. no. 1 is a company and O.P. nos. 2 & 3 are directors thereof, doing realty business. One sale agreement dated 03.04.2018 was effected between the complainant and the O.P.s and thereby the O.P.s agreed to sell a shop room succinctly described in schedule to the complaint for a total consideration price of Rs. 7,50,000/- out of which Rs. 4,60,000/- was paid by the complainant to the O.P.s on different dates. Possession of the shop was also handed over to the complainant. Thereafter, the O.P.s did not receive the balance consideration price of Rs. 2,90,000/- from the complainant and did not execute and register the deed of conveyance in favour of the complainant. So, the complainant has filed the instant case praying for registration of the deed of conveyance, delivery of letter of possession, as well as completion certificate and also for payment compensation etc.
Hence, this case.
Admitting the grievances of the complainant the O.P.s have filed the written statement wherein it is stated by them that they are always ready and willing to execute and register the deed of conveyance in favour of the complainant on respect of the balance consideration money of Rs. 2,90,000/-. According to them, possession of the shop room has already been delivered to the complainant and the complainant has been doing his business in that shop room. So, the complainant is not entitled to get the compensation as prayed for.
DECISION WITH REASONS
On perusal of the petition of complaint and the written statement filed by the O.P.s, it is found that the claim of the complainant is substantially admitted by the O.P.s and therefore, it is decided to pass a judgment on admission. It is admitted fact that the letter of possession has not been delivered by the O.P.s to the complainant. Also admitted is the fact that the deed of conveyance has not been executed and registered by the O.P.s in favour of the complainant in respect of the subject shop room. In the instant case also, there is a prayer forwarded by the complainant to the effect that a completion certificate be handed over to him. It is undisputed fact that the subject building is situated in Panchayet area where municipal building laws are not in force. There is no provision in Panchayet Act for furnishing completion certificate to the buyer by the developer of a building. In this perspective, we feel constrained to hold that the complainant is not entitled to get completion certificate with respect to his shop room. It has also been prayed for by the complainant that a direction of payment for compensation should be passed in his favour owing to enhancement of stamp duty. The complaint will be entitled to enhancement of stamp duty if the loss on account of payment of stamp duty is suffered by him due to latches and negligence on the part of the developers. But, if, on the other hand, it is found that the complainant himself is guilty of such latches, he will not be entitled to get such compensation. Coming to the fact of the instant case, it is found that the complainant has not been able to file any correspondence to establish that he was all along ready to get the deed of conveyance registered after having paid the balance consideration money of Rs. 2,90,000/- to the O.P. developers, except the legal notice. In absence of such correspondence, it can never be said that the O.P. developers were alone responsible for non-registration of the deed of conveyance. The complainant is found lacking wherewithal required for registration of the deed of conveyance and therefore, he will have to bear the brunt of the burden of increased stamp duty, whatever it may be.
In the result, the case succeeds.
Hence,
ORDERED
That the complaint case be and the same is decreed on admission with a cost of Rs.10,000/- . The O.P.s are directed to deliver letter of possession to the complainant and also to execute and register a deed of conveyance in respect of the subject shop room on receipt of the balance consideration price of Rs. 2,90,000/- from the complainant, within a month of this order failing which the complainant is at liberty to execute this order by the machinery of this forum.
The O.P.s are also directed to furnish to the complainant necessary papers/documents of conversion of the shop room from garage to shop room within the aforesaid period failing which the complainant will proceed with the execution of the order in accordance with law.
MA case being no. 5/19 thus also stands disposed of.
Registrar-In-Charge of this Forum is directed to deliver a copy of the judgment free of cost to the parties concerned.
President
I / We agree
Member Member
Dictated and corrected by me
President
