West Bengal

South 24 Parganas

CC/75/2015

Sova Mondal, Wife of Late Molin Mondal. - Complainant(s)

Versus

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

Debjit Banerjee.

22 Jul 2015

ORDER

DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , JUDGES’ COURT, ALIPORE KOLKATA-700 027

 

                   C.C. CASE NO. _75_ OF ___2015__

 

DATE OF FILING : 12.2.2015                                                DATE OF PASSING JUDGEMENT: 22.7.2015__

 

Present                                         President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :    Mrs. Sharmi Basu & Jinjir Bhattacharya

                                                                             

COMPLAINANT               :   Sova Mondal, w/o late Molin Mondal of 57/1A, Garfa Main Raod, Kol-75,                    Ground Floor space at premises no.34, Garfa Main Road, Kol-75 .

 

• VERSUS  -

 

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

                                               2.  Bimal Bhowmik

                                                3.  Suman Bhowmik

                                               4.  Kishore Bhowmik

                                              5.   Chhaya Bhowmik

                                              All sons and daughters of late Nagendra Lal Bhowmik and Hiran Bala Bhowmik all 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 Road, Kolkata – 75, represented by its Proprietor Susmita Guha,wife of Ajanta Guha.

________________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

 

Mrs. Sharmi Basu, Member

            The instant case has been filed by the complainant under section  12 of the C.P Act, 1986 with allegation of deficiency in service against the O.Ps.

            The case of the complainant in a nutshell is that the complainant entered into an agreement for sale on 09.03.2008  with the O.P-6 ,the developer, for purchasing a ground floor space measuring 200 sq.ft super built up area from the allotment of the Developer, as per Development agreement dated 27.8.1995 entered into between the O.P nos. 1 to 5 as Land owners and O.P-6 as a developer,  at a total consideration money of Rs.52,000/- and he paid full consideration money to the O.P-6 . Complainant also got possession of the said suit flat but the O.Ps did not execute and register the deed of conveyance inspite of several requests followed by  legal notice sent by the complainant. Hence, this case.

            Inspite of service of summons , none of the O.Ps appears . It appears that O.ps are reluctant to proceed with the case. Hence, the case has proceeded exparte against all the O.Ps.

            After scrutinizing all the documents brought before this Forum and hearing vividly from the Ld. Advocate of the complainant following points are in limelight:

1. Whether the complainant is a Consumer or not under the purview of the C.P Act.
2. Whether there is any deficiency in service on the part of the O.Ps towards the complainant/consumer.
3. Whether the complainant is eligible to get relief as prayed for partly or fully.

 

 

Decision with reasons

 

            From the record it is crystal clear that the complainant has entered into an agreement for sale on 9.3.2008 with the O.P-6, the developer , and the O.P- 1 to 5 as land owners  and paid the total consideration amount to the O.P-6 and physical possession was also handed over on 18.10.2014. But the O.Ps have not executed and registered the deed of conveyance. Therefore, complainant runs from pillar to post for getting the deed of conveyance executed and registered but he failed. As per letter of the ld. Advocate of the complainant dated 18.10.2014 complainant has paid the total consideration money towards the flat in question and O.Ps did not appear even after valid service of summon and this Forum has no other alternative but to consider all the documents as unchallenged piece of testimony and also as true documents. Therefore, we have no hesitation to hold that the O.Ps jointly and/or severally are duty bound to execute and register the deed of conveyance in respect of the flat in question. But they have not done the same and thus all the O.Ps have committed deficiency in rendering services towards the complainant/consumer and complainant has to suffer mental agony , harassment and complainant has no other alternative but to pay excess amount of stamp duty for escalation of cost of registration fee and all the O.Ps are jointly and/or severally liable to compensate the complainant for their inaction and deficiency in service and all the points are decided in favour of the complainant.

            Thus the case of the complainant succeeds.

            Hence,

                                                                                    Ordered

That the case is allowed exparte against the O.Ps with cost .

All the O.Ps are jointly and/or severally directed to execute and register the deed of conveyance in respect of the flat in question as per agreement dated 9.3.2008 within 45 days from the date of this order.

All the O.Ps are jointly and/or severally also directed to pay compensation to the tune of Rs.5000/- and litigation cost of Rs.2000/- to the complainant within 45 days from the date of this order, failing which, all  the O.Ps are jointly and/or severally liable to pay Rs.100/- per diem till full compliance.

Let a plain copy of this order be served upon the parties free of cost.

 

Member                                                           Member                                                           President                                 

Dictated and corrected by me

 

                        Member

 

 

 

 

The judgement in separate sheet is ready and is delivered in open Forum. As it is ,

Ordered

That the case is allowed exparte against the O.Ps with cost .

All the O.Ps are jointly and/or severally directed to execute and register the deed of conveyance in respect of the flat in question as per agreement dated 9.3.2008 within 45 days from the date of this order.

All the O.Ps are jointly and/or severally also directed to pay compensation to the tune of Rs.5000/- and litigation cost of Rs.2000/- to the complainant within 45 days from the date of this order, failing which, all  the O.Ps are jointly and/or severally liable to pay Rs.100/- per diem till full compliance.

Let a plain copy of this order be served upon the parties free of cost.

 

 

Member                                                           Member                                                           President