West Bengal

South 24 Parganas

CC/237/2014

1. SHRI ASHIM BANERJEE , S/O .Late Anil Banerjee. - Complainant(s)

Versus

1. M/S. ANJANEYA BUILDERS & PROMOTERS PVT. LTD. - Opp.Party(s)

Piyali Banerjee.

25 Mar 2015

ORDER

DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , JUDGES’ COURT, ALIPORE KOLKATA-700 027

 

C.C. CASE NOS. _237__ OF ___2014______

 

 DATE OF FILING : 26.5.2014_     DATE OF PASSING JUDGEMENT:__25.3.2015

 

Present                        :   President       :  Udayan Mukhopadhyay

 

                                        Member(s)    :   Dr.(Mrs.)  Shibani Chakraborty                                        

 

COMPLAINANT                  : Shri Ashim Banerjee,s/o late Anil Banerjee of 1/69, Jadavgarh, Haltu,

                                                  P.S. Kasba, Kolkata – 78.

 

-VERSUS  -

 

O.P/O.Ps                                : 1.     M/s Anjaneya Builders & promoters Pvt. Ltd.

                                                2/15, Jadavgarh, P.O Haltu, P.S. Kasba, Kolkata – 78.

                                                2.     Sri Joydev Singha, s/o Sri Jadu Nath Singha , One of the Directors

of M/s Anjaneya Builders & Promoters Pvt. Ltd. 41/B/2, R.N. Das Road, 3^rd floor, Dhakuria, P.S Garfa, Kolkata – 31. 

3.     Sri Kankan Bose, s/o late Anil Kumar Bose, 1/30, Sucheta Nagar, Haltu, P.S. Kasba, Kolkata – 78.

________________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

 

            Dr.(Mrs.) Shibani Chakraborty, Member

The case of the complainant in brief is that inspite of paying part consideration money as per agreement the O.Ps did not deliver possession of the said flat  and not execute and register the deed of conveyance of the property in question. Hence, this case.

            The O.ps fought shy to contest the case.

            The complainant filed some documents.

Decision with reasons

            From the unchallenged testimony of the complainant, the case of the complainant is proved. The O.Ps did not appear in the case. According to agreement for sale the complainant paid a part consideration money and the rest amount is supposed to be paid during possession and execution and registration of the deed of conveyance. But O.Ps did not follow the agreement. So, there is a great deficiency of service on the part of the O.Ps.

 

            Hence,

                                                            Ordered

That the case being C.C.no. 237 of 2014 be and the same is decreed exparte with a cost of Rs.10,000/- against the O.ps.

The O.Ps are directed to hand over the peaceful possession of the property in question and also execute and register the deed of conveyance in respect of the property of the complainant within two months from this date.

The complainant is also directed to pay the balance consideration money of Rs. 190500/- to the O.Ps at the time of getting the possession.

If the O.ps fail to execute and register the deed of conveyance within the stipulated time, the Forum will conduct and complete the registration through Forum’s machinery.

Let a copy of this order be served upon the parties free of cost.

                                                                                                                             

                                                            Member                                               President

 

Dictated and corrected by me

           

                        Member

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

 

Ordered

That the case being C.C.no. 237 of 2014 be and the same is decreed exparte with a cost of Rs.10,000/- against the O.ps.

The O.Ps are directed to hand over the peaceful possession of the property in question and also execute and register the deed of conveyance in respect of the property of the complainant within two months from this date.

The complainant is also directed to pay the balance consideration money of Rs. 190500/- to the O.Ps at the time of getting the possession.

If the O.ps fail to execute and register the deed of conveyance within the stipulated time, the Forum will conduct and complete the registration through Forum’s machinery.

Let a copy of this order be served upon the parties free of cost.

                                                                                                                             

                                                            Member                                               President