West Bengal

South 24 Parganas

CC/65/2015

Arup Kr. Paul, S/O Sudarshan Kr. pal. - Complainant(s)

Versus

1. Parimal Bhowmik S/O Late Nagendra lal Bhowmik and Hiran Bala Bhowmik. - Opp.Party(s)

Debojit Banerjee.

15 Dec 2015

ORDER

DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , BARUIPUR, KOLKATA-700 0144

 

      C.C. CASE NO. _65_ OF ___2015__

 

DATE OF FILING : 9.2.2015                       DATE OF PASSING JUDGEMENT:  15.12.2015__

 

Present                        :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :    Subrata Sarker

                                                                             

COMPLAINANT             : Arup Kr. Pal. s/o Sudarshan Kr Pal of 24A, Middle Road, Kol-47 and Ground floor space on premises no.34, Garfa Main Road, Kol-75, postal address at 57/1A, Garfa Main Road, Kolkata -75, P.S. Survey park.

 

 

-VERSUS  -

 

O.P/O.Ps                            :  1. Parimal Bhowmick

                                              2.  Bimal Bhowmick

                                             3.  Suman Bhowmick

                                             4.  Kishore Bhowmick

                                             5.  Chhaya Bhowmick

                                             All sons and daughter of late Nagendra lal Bhowmick and Hiran Bala Bhowmick of 34/1, Garfa Main Road, Postal address 57/1A, Garfa Main Road, P.S. Survey Park, Kolkata – 75.

                                            6.    Arnab Construction of 89E, Garfa Main Raod, Kolkata – 75 represented by its Prop. Susmita Guha ,wife of Ajanta Guha.
 

________________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

 

Sri Udayan Mukhopadhyay, President          

The short case of the complainant is that O.P nos. 1 to 5 along with Amal Bhowmick and Ashoke Bhowmick jointly entered into a development agreement dated 27.8.1995  with the O.P-6 and the said O.P nos. 1 to 5 and Amal Bhowmick also executed a General Power of Attorney in favour of the developer O.P-6 to prepare a building plan on the strength of the General Power of Attorney and accordingly got sanctioned plan from the KMC on 13.5.1996. It has further stated that on 9.11.1997 complainant entered into a sale agreement with O.P-6 and agreed to purchase one self contained ground floor space measuring 180 sq.ft super built up area more or less as per agreement for sale marked Annexure C and O.P-6 already received Rs.1 lacs towards part payment. It has further stated that entire consideration money of Rs.1,50,000/- has already been paid by the complainant and complainant already got physical possession of incomplete ground floor space which was subsequently completed by the complainant and he is ready and willing to bear necessary cost for registration of the flat. Since the O.Ps are not agreed to execute the same, hence this case for execution and registration of the deed of conveyance and other reliefs.

None appears on behalf of the O.Ps though summons were duly served, which is appearing from the track report. Inspite of that another date was given for filing written version in default exparte but on the said date none appears and again another opportunity was given for filing written version in default exparte as a last chance and that is why, due to non-appearance of the O.Ps, the case is fixed for exparte hearing and judgement.

Points for decision in this case is whether  there is deficiency in service on the part of the O.Ps or not.

                                                Decision with reasons

At the very outset it must be stated that admittedly there was an agreement for sale and complainant already entered into possession after paying entire consideration money of Rs.1,50,000/- to the O.P-6. It also appears from the letter dated 18.2.2000 that developer informed the complainant regarding  delivery of possession. From the money receipt it appears that Rs.1,50,000/- was already paid on 9.11.1997 . So, when the complainant is in possession and developer already got his entire consideration money but none is taking any interest for registration, this is nothing but a deficiency in service on the part of the O.Ps.

Hence,

                                                            Ordered

That the complaint case is allowed expart against the O.Ps.

The O.Ps are directed to execute and register the deed of conveyance of ground floor space  in favour of the complainant in respect of the agreement for sale within 30 days from the date of this order ,failing which, complainant is at liberty to approach this Forum for appointment of machinery fo the Forum to execute the same.

The O.Ps are directed to pay compensation to the tune of Rs. 25000/- and litigation cost of Rs.1000/- jointly and/or severally to the complainant within 30 days from this date, failing which, interest will carry @8% p.a from the date of this order till its realization.

Let a plain copy of this order be served upon the O.Ps and a 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 complaint case is allowed expart against the O.Ps.

The O.Ps are directed to execute and register the deed of conveyance of ground floor space  in favour of the complainant in respect of the agreement for sale within 30 days from the date of this order ,failing which, complainant is at liberty to approach this Forum for appointment of machinery fo the Forum to execute the same.

The O.Ps are directed to pay compensation to the tune of Rs. 25000/- and litigation cost of Rs.1000/- jointly and/or severally to the complainant within 30 days from this date, failing which, interest will carry @8% p.a from the date of this order till its realization.

Let a plain copy of this order be served upon the O.Ps and a copy be handed over to the complainant free of cost.

 

 

 

Member                                                                                                                       President