DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR,

 KOLKATA-700 0144

      C.C. CASE NO. __64_ _ OF ___2018

DATE OF FILING :_21.5.2018         DATE OF PASSING JUDGEMENT:  _23.7.2018_

Present                 :   President       :   Ananta Kumar Kapri

                                 Member(s)    :    Subrata Sarker  & Jhunu Prasad

COMPLAINANT   :             Smt. Jayanti Mondal, wife of Sri Swapan Mondal (2) Jayashri Mondal, daughter of Sri Swapan Mondal, b oth of Baikunthapur, 68, Jadav Sarkar Road, P.O Rajpur, P.S Sonarpur, Dist. South 24-Parganas, Kolkata – 149.

•  VERSUS  -

O.P/O.Ps                    :   1. M/s Freestyle Enterprise, at B-1/5,002, Prantik , Peerless Housing Society, P.O & P.S Sonarpur, Kolkata – 150.

                                     2.   Sri Subhasis Mondal, son of Sri Mahadev Mondal, Prop. Of M/s Freestyle Enterprise, at B-1/5,002, Prantik , Peerless Housing Society, P.O & P.S Sonarpur, Kolkata – 150.

_______________________________________________________________________

                                                J  U  D  G  M  E  N  T

Sri Ananta Kumar  Kapri, President

                Alleging deficiency in service on the part of the O.Ps for not delivering the possession of the subject property and for not executing and registering the sale deed in favour of the complainant, the instant complaint has been filed by the complainant under section 12 of the C.P Act, 1986.

                 The facts leading to the filing of the instant case may be epitomized as follows.

                  O.P-1 is a developing company and O.P-2 is the Proprietor thereof. One Mithun Mistry was the erstwhile developer of the subject land. He executed a sale agreement with the complainants and thereby agreed to sell a self-contained residential flat as described succinctly in schedule B to the sale agreement dated 26.12.2011 and also dated 25.2.2015   for a total consideration price of Rs.9,50,000/-. Complainant paid Rs.5,00,000/- to Mithun Mistry and Rs.90,000/- to the O.P-2 who has got the entire project of Mithun Mistry ,transferred to him.

                  Now, the complainant alleges that the registration of the said property is not  effected by the O.P-2 in favour of him and, therefore, he prays for registration of the said property and also for compensation. Hence, this case.

               O.P-2 has filed the written statement ,wherein it is contended inter alia that the sale agreement has been executed in favour of the complainant in the manner as alleged. It is also admitted by him that the complainant paid Rs.5 lac to Mithun Mistry and Rs.90,000/- to him, totaling to Rs.5,90,000/-. He is still entitled to get Rs.3,60,000/- from the complainant as balance consideration money. Possession of the flat is already delivered to the complainant. He is always ready and willing to get the subject flat  registered in his favour, provided the complainant pays the balance consideration money i.e Rs.3,60,000/- to him.

             The averment of the complainant has been admitted by the contesting O.Ps in the written version of his statement filed herein and, therefore, the case has been fixed for passing judgment on admission.

DECISION WITH REASONS

The claim of the complainant stands admitted by the O.P. It is admitted by the O.P no.2 that a sale agreement was also executed on 25.2.2015by him in favour of the complainant and thereby it was promisedto sell one self-contained residential flatto the complainant for a consideration price of Rs.9,50,000/-. It is also admitted by O.P-2 that he is entitled to get Rs.3,60,000/- from the complainant as balance consideration money. The O.P-2 has stated in his written version that he is ready and willing to execute and register the sale deed in favour of the complainant on receipt of Rs.3,60,000/- from him. So,where the entire claim of the complainant stands admitted in the written statement filed by the O.P-2,a decree may be passed in favour of the complainant in the manner as prayed for herein.

In the result, the case succeeds.

               Hence,

ORDERED

             That the complaint case be and the same is decreed on admission against both the O.Ps with a cost of Rs.10,000/- .

             The O.Ps are directed to execute and register a sale deed in respect of the subject flat as described in schedule ‘B’  to the sale agreement dated 25.2.2015 within a month of this order ; but, the complainant will have to make payment or deposit of Rs.3,60,000/- to the O.Ps before the  registration of sale deed.

            They are also directed to pay a sum of Rs.10,000/- as compensation for harassment and mental agony caused to the complainant by the O.Ps within a month of this order, failing which the compensation amount and the amount of cost will bear interest @10% p.a till full realization thereof.

         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