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Smt. Sarbari Basu Chowdhury, Wife of Shri Joydeep Basu Chowdhury. Daughter of Late Dwitendra Narayan Roy. filed a consumer case on 01 Mar 2016 against 1. M/S. Monarch Construction Company A Proprietor ship Firm. in the South 24 Parganas Consumer Court. The case no is CC/241/2015 and the judgment uploaded on 02 Mar 2016.
DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM
SOUTH 24 – PARGANAS , BARUIPUR, KOLKATA-700 0144
C.C. CASE NO. _241_ 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 : Smt. Sarbari Basu Chowdhury, w/o Shri Joydeep Basu Chowdhury ,d/o late Dwitendra Narayan Roy, 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
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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 OI.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 first floor South Side having 650 sq.ft super built up area more or less at a total consideration price of Rs.5,50,000/- , for which he entered into an agreement dated 17.1.2003 and thereafter agreed to Purchase a car parking space/garage on the ground floor having 150 sq.ft built up area more or less at a total consideration of Rs.1 lac and entered into another agreement for sale dated 17th February, 2004 from the developer’s allocation. It has further stated that in terms of the said agreement for sale dated 17.1.2003 and 17.2.2004 complainant from time to time paid entire consideration money of Rs.5,50,000/- and Rs. 1 lac only to the developer. The Xerox copy of the money receipt are annexed herewith as Annexure “C”. It has further stated that complainant after taking the housing loan from HDFC and from her own pocket paid the said money. It has further stated that O.P-1 delivered possession of the said flat and car parking space/garage 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 and car parking space ,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 are two agreements for sale appearing in the record, one for the flat and other for the car parking space/garage ,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 and car parking space 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 and car parking space in terms of the 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 and car parking space in terms of the 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
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