1. SMT. JHARNA DUTTA, Wife of Shri Samir Kumar Dutta. filed a consumer case on 25 Mar 2015 against 1. M/S. ANJANEYA BUILDERS & PROMOTERS PVT. LTD. in the South 24 Parganas Consumer Court. The case no is CC/238/2014 and the judgment uploaded on 26 Mar 2015.
DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM
SOUTH 24 – PARGANAS , JUDGES’ COURT, ALIPORE KOLKATA-700 027
C.C. CASE NOS. _238__ 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 : Smt. Jharna Dutta, w/o Shri Samir Kumar Dutta of
1/21, Sucheta Nagar, Haltu, P.S. Garfa, 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, 3rd 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. 238 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 the balance consideration money of Rs. 300000/- 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. 238 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 the balance consideration money of Rs. 300000/- 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
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