West Bengal

South 24 Parganas

CC/242/2015

Mr. Sheo Nath Singh, S/O Late Parikshan Singh. - Complainant(s)

Versus

1. M/S. Monarch Construction Company A Proprietor ship Firm. - Opp.Party(s)

Tushar Kanti Mondal.

01 Mar 2016

ORDER

DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , BARUIPUR, KOLKATA-700 0144

 

      C.C. CASE NO. _242_ OF ___2015__

 

DATE OF FILING : 25.5.2015                     DATE OF PASSING JUDGEMENT:  01.03.2016__

 

Present                        :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :    Mrs. Sharmi Basu

                                                                             

COMPLAINANT             :    Mr. Sheo Nath Singh,s/o late Parikshan Singh, 18/F, Khetra Mohan Naskar Road, Kolkata – 40,P.O & P.S Regent Park.

 

-VERSUS  -

 

O.P/O.Ps                            :  1.     M/s Monarch Construction Company at 451, Mahatma Gandhi Road, Kolkata – 82, P.O & P.S Haridevpur, reprrsented by its Proprietors Shri Sujit Chatterjee,s/o late Birendra Nath Chatterjee, 451, Mahatma Gandhi Road, Kolkata – 82, P.O & P.S Haridevpur and residing at 4/47, Chanditala Lane, Kolkata – 40 , P.O & P.S Regent Park

                                              2.     Smt. Nanda Chatterjee,w/o late Dr. A.N Chatterjee, 18/F, Khetra Mohan Naskar Road, Kolkata – 40,P.O & P.S Regent Park.  And residing at 34/4, R.N Bhattacharjee Road, P.O Belurmath, P.S Bally, Dist. Howrah

_______________________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

 

Sri Udayan Mukhopadhyay, President       

The application under section 12 of the C.P Act ,1986 has been filed by the complainants on the ground that O.P-2 is the absolute owner of the landed property. It has further stated that said O.P-2 entered into an agreement for development of his land with the developer O.P-1 with a view to raise multi storied building upon the said land and thereby they obtained a building plan sanctioned by the KMC vide Building Sanction Plan no.40 dated 26.4.2002 in connection with premises no. 18/F, Khetra Mohan Naskar Road, Kolkata – 40,P.O & P.S Regent Park.  It has further stated that the O.P-1 ,developer, constructed the building upon the said land as per sanctioned plan and being attracted with the said construction of the building complainant agreed to purchase a flat on the second floor West Side having 650 sq.ft super built up area more or less at a total consideration price of Rs.5,61,000/- , for which he entered into an agreement dated 9.10.2003. It has further stated that in terms of the said agreement for sale complainant from time to time paid entire consideration money of Rs.5,61,000/- to the developer..   It has further stated that O.P-1 delivered possession of the said flat to the complainant  but the building was not completed in all respect. Thereafter, on request of the O.P-2 and complainant, the other purchasers spent lot of money to complete the building and the complainant already got

 

electric connection and enjoying electricity in the said flat. But inspite of several requests the O.Ps did not execute and register the deed of sale without any justifiable reason and avoided the same and ultimately complainant compelled to sent a letter dated 18.2.2015  with a request to the O.P to expedite the matter for registration but the same returned with the remark “Left and Refused” . Hence, this case with a prayer for  direction upon the O.Ps to execute and register the flat in default through machinery of the Forum, cost and compensation etc.

            Inspite of serving summon the O.Ps did not turn up to contest the case . Hence, the case proceeded in exparte against them.

            Points for decision in this case is whether there is any deficiency in service or unfair trade practice made by the O.Ps or not.

                                                                        Decision with reasons

            Admittedly there is an agreement for sale appearing in the record , executed between the parties and it further appears from the money receipts that complainant already paid entire consideration money  to the O.P-1 ,developer. So, we have nothing to disbelieve that the complainant’s claim for execution and registration of the flat is justified ,particularly when, the complainant is in possession of the same and enjoying electricity there. But for want of registered deed of conveyance complainant failed to pay the tax to the Corporation. We also find that non-execution and registration of the deed of conveyance is a glaring example of deficiency in service. Accordingly, complaint case is allowed in exparte.

            Hence,

                                                                                    Ordered

That the O.Ps are directed to execute and register the deed of conveyance in respect of the flat as per agreement for sale in favour of the complainant within 30 days from this date, failing which, complainant is at liberty to approach before this Forum for appointment of machinery of the Forum to get the deed of conveyance executed and registered through this Forum.

The O.Ps are also directed to pay compensation to the tune of Rs.1 lac  and litigation cost of Rs.20,000/- jointly and/or severally  within 30 days from the date of this order, failing interest will carry @9% p.a on the total amounts from the date of default till its realization.

 

 

The complainant is at liberty to approach this Forum to execute the order after the stipulated period is over. 

Let a plain copy of this order be sent to the O.Ps through this Forum and one plain copy be handed over to the complainant free of cost.

 

 

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 O.Ps are directed to execute and register the deed of conveyance in respect of the flat as per agreement for sale in favour of the complainant within 30 days from this date, failing which, complainant is at liberty to approach before this Forum for appointment of machinery of the Forum to get the deed of conveyance executed and registered through this Forum.

The O.Ps are also directed to pay compensation to the tune of Rs.1 lac  and litigation cost of Rs.20,000/- jointly and/or severally  within 30 days from the date of this order, failing interest will carry @9% p.a on the total amounts from the date of default till its realization.

 

 

The complainant is at liberty to approach this Forum to execute the order after the stipulated period is over. 

Let a plain copy of this order be sent to the O.Ps through this Forum and one plain copy be handed over to the complainant free of cost.

 

 

Member                                                                                                                       President