DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR,
KOLKATA-700 0144
C.C. CASE NO. _88_ OF 2018
DATE OF FILING : 30.7.2018 DATE OF JUDGEMENT:_1.4.2019
Present : President : Ananta Kumar Kapri
Member(s) : Jhunu Prasad
COMPLAINANT : Sri Sudin Bhattacharjee, son of late Subodh Ch. Bhattacharjee of Srayashi Apartment, Garia Model Town Road, Garia, Kolkata- 84.
O.P/O.Ps : 1. M/s Snigdhaneer Construction, represented by its partners namely Sri Biman Bhattacharjee and Sri Bidhan Bhattacharjee of Tribeni Apartment, Garia Main Road, Kolkata-84, P.S Sonarpur.
2. Sri Biman Bhattacharjee
3. Sri Bidhan Bhattacharjee ,both sons of late Bimal Bhattacharjee at Snigdhaneer Apartment, Balia, P.S Sonarpur, Kolkata – 84.
4. Sri Mongal Mukherjee, son of late Indra Nath Mukherjee of Fartabad, Garia, Kolkata-84.
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J U D G M E N T
Sri Ananta Kumar Kapri, President
Constant refusal to execute and register a deed of conveyance in favour of the complainant by the O.P has galvanized the complainant to file the instant case under section 12, C.P Act, 1986, alleging deficiency in service on the part of the O.P.
Facts leading to the filing of the instant case may be epitomized as follows.
A sale agreement was executed on 8.6.2010 between the complainant and the O.Ps and thereby the O.P nos. 1,2 and 3 i.e the developers agreed to sell a self contained flat as described in the sale agreement to the complainant for a total consideration price of Rs.9,80,000/- . The consideration price was paid in full on different dates by the complainant to the O.P developers. Possession of the flat is also delivered to the complainant on 22.5.2015 by the developers and since 22.5.2015 the complainant has been residing in the said flat. But, no registration of the flat has been effected in favour of the complainant despite constant persuasions by the complainant. The complainant has, therefore, filed the instant case praying for registration of the deed of conveyance and payment of compensation etc. Hence, this case.
The O.Ps have been contesting the case by filing written statement ,wherein it is admitted that the possession of the flat has been delivered to the complainant in terms of the agreement dated 8.6.2010. What is mainly contended by the O.Ps in the written statement is that they asked the complainant to get the deed of conveyance registered, but the complainant merely neglected to have the deed registered. They have no laches on their part; there is no deficiency in service on their part and that the complainant is not entitled to get the compensation as prayed for. They are ,however, always ready and willing to effect the registration of the flat in favour of the complainant.
Upon the averments of the parties, the following points are formulated for consideration.
POINT FOR DETERMINATION
- Are the O.Ps guilty of deficiency in service for not effecting the deed of conveyance in favour of the complainant?
- Is the complainant entitled to get relief or reliefs as prayed for ?
EVIDENCE OF THE PARTIES
Both the parties have led their evidences on affidavit ,which are kept in the record after consideration.
DECISION WITH REASONS
Point no.1 & 2 :
The only dispute which requires determination by this Forum is whether the complainant is entitled to any compensation from the O.Ps. It is undisputed fact that no deed of conveyance has been effected in favour of the complainant by the O.Ps. It is the version of the O.Ps that the complainant neglected to get the deed of conveyance registered, having paid the requisite fees and that the O.Ps have no laches whatsoever in the matter of registration of the flat in favour of the complainant.
On perusal of the record, it is found that the complainant issued two letters dated 10.12.2015 and 9.7.2018 to the O.Ps and the copies of these two letters are marked as Annexure A and B to the complaint. By letter dated 10.12.2015 the complainant demanded registration of the flat in favour of him. He again demanded such registration by his letter dated 9.7.2018 given to the O.Ps. Giving of such letters to the O.Ps is not contradicted by the O.Ps. The possession of the flat was delivered to the complainant on 22.5.2015 and the complainant demanded registration of the flat on 10.12.2015 vide his letter dated 10.12.2015 i.e about 7 months after delivery of possession of the flat to him . Now, it is 2019. No reply has been given to the complainant by the O.Ps against his letter dated 10.12.2015. Silence on the part of the O.Ps implies and implies that the O.Ps delayed the matter of registration of the flat in favour of the complainant. The complainant cannot be blamed in any manner for not getting his flat registered . It is the O.Ps who have delayed in the matter of registration. Delay or negligence in the matter of registration of the flat in favour of the complainant is a glaring instance of deficiency in service and, therefore, the complainant is entitled to get the relief or reliefs as prayed for.
By this time the registration fee and stamp duty have increased to a large extent. The complainant will have to pay through his nose and this is not for any laches of him but for laches of the O.Ps. So, the O.Ps/developers will have to pay compensation to the complainant for not effecting the registration of the flat in time.
In the result, the case succeeds .
Hence,
ORDERED
That the complaint case be and the same is decreed on contest against the O.Ps with a cost of Rs.10,000/- to be paid by the O.P nos.1,2 and 3 only .
The O.P nos. 1,2,3 and 4 are directed to execute and register the deed of conveyance in respect of the flat of the complainant within a month of this order, failing which, the complainant is at liberty to get the registered deed through the instrumentality of this Forum.
The O.P nos. 1,2 and 3 are further directed to pay a sum of Rs.30,000/- as compensation to make good the loss sustained by the complainant owing to increase of registration fee and stamp duty.
The amounts of compensation and cost are to be paid within the aforesaid period i.e within a month of this order , failing which both the amounts will bear interest @8% p.a till full realization thereof.
Registrar-In-Charge of this Forum is directed to deliver a copy of the judgment free of cost to the parties concerned.
President
I / We agree
Member
Dictated and corrected by me
President
