West Bengal

South 24 Parganas

CC/318/2014

SRI NIRANJAN GHOSH, S/O. Sri Upendra Ghosh. - Complainant(s)

Versus

1. SRI AJITMOY DUTTA. S/O. Late Hiranmoy Dutta and Late Parul Bala Dutta. - Opp.Party(s)

Sampa Chowdhury.

17 Dec 2014

ORDER

     DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

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

 

C.C. CASE NO. _318_ OF ___2014_____

 

DATE OF FILING : 18.7.2014_     DATE OF PASSING JUDGEMENT:_19.3.2015__

 

Present                        :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :         Dr. (Mrs.)  Shibani Chakraborty

                                                                             

COMPLAINANT             : Sri Niranjan Ghosh,s/o Sri Upendra Ghosh 1/9, Sree Colony, Flat no.1-A,

         P.S. Jadavpur, Kolkata -92.

 

-VERSUS  -

 

O.P/O.Ps                            : 1. Sri Ajitmoy Dutta

                                             2.  Sri Dipakmoy Dutta

                                             Both sons of late hiranmoy Dutta of 1/9, Sree Colony, P.O Regent Estate,

         P.S. Jadavpur, Kolkata – 92.  

         3.     Sri Pintu Dutta, s/o late Hiranmoy Dutta of Ahana Apartment, 22/4,

         Pranabnanda Road, (Kacha VIP), Garia, Kolkata – 84.

         4.     Smt. Laily Dutta,d/o late Swapan Kumar Dutta and Grand Daughter

        of Parul Bala Dutta , C/o Amitava Saha of 10/86, Bijoygarh, P.S. Jadavpur, 

        Kol-32.

        5.     M/s Shap Construction, at 7/12/D, Bijoygarh, P.S. Jadavpur, Kol-  32.

            5(i)     Sri Sumit Dutta Roy, s/o late Niranjan Dutta Roy of 7/33,

            Bijoygarh , Kolkata – 32, P.S. Jadavpur.

            5(ii)    Sri Prabal Roy, s/o Sri Pranab Kumar Roy , of 7/12/D, Bijoygarh,

            P.S. Jadavpur, Kolkata – 32.

            5(iii)    Sri Pronoy Dey, s/o late Madhusudan Dey of 7/31, Bijoygarh,

            P.S. Jadavpur, Kolkata – 32.

 

________________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

 

             Sri Udayan Mukhopadhyay, President.

            This is an application under section 12 of the C.P Act, 1986 filed by the complainant on the ground that there was a registered agreement in between the developer and complainant on 16^th May, 2008 in respect of the property situated at 1/9, Sree Colony, P.S. Jadavpur, Kol-92 KMC premises no.64/8/1/9, Raipur Road, Kolkata – 92 of 1000 sq.ft super built up area consisting of 3 bed room one living cum dining room, 1 kitchen, 1 toilet and 1 balcony etc. at a consideration of Rs.10,50,000/- and the total consideration money has already been paid to the developers and KMC already assessed the premises on the basis of the registered agreement for sale. The assessee no. is 210980804720 . Now the dispute has cropped up when the original landlady died before filing of the case and her legal heirs who are O.P nos. 1 to 4 , are made parties to that effect and they are unwilling to register the deed of conveyance ,that is why the complaint compelled brought this suit for Redressal.

            The developers who are O.P nos. 5 series already appeared and filed written version and they have no objection and they are ready to stand as confirming party since power has already been revoked soon after the death of original landlady of O.P nos. 1 to 4. But the present O.P nos. 1 to 4 neither issued fresh power of attorney to the developers nor they are agreed to execute and register the deed of conveyance. This is the dispute.

            Points for decision in this case is whether the O.Ps have acted deficiency in service or not.

                                                            Decision with reasons

            Admittedly complainant is in possession and got Assessee number as stated above. We have perused the service return and found that present landladies are very much reluctant to contest the case inspite of good service but the developers appeared and filed written version and they are always ready to extend their cooperation so that the deed of conveyance may be executed .

            The position of the complainant clearly demonstrates that until and unless developers are agreed, the complainant could not have any possession so far as the property. So, we find that for the reasons best known to the present landlady they are reluctant to execute the deed of conveyance but they should bear in mind that they stepped into the shoes of their mother who has made the development agreement with the developer. So, that development agreement is binding upon them in the eye of Law.

            We have nothing to disbelieve regarding the facts and circumstances of the case and possession of the complainant, when the developers already admitted the same in the written version.

            With that observation, it is

                                                                        Ordered

That the application filed under section 12 of the C.P Act, 1986 is allowed exparte against O.P nos. 1 to 4 and on contest against remaining O.Ps with a cost of Rs.5000/- which will be borne by the O.P nos. 1 to 4 due to their deficiency in service by not following the terms and conditions of the development agreement which was signed by their mother (original landlady).

The O.Ps are directed to execute and register the deed of conveyance positively in favour of the complainant within  30 days from the date of this order, failing which, the complainant is at liberty to apply before this Forum to execute the order and in that case this Forum will apply his machinery to execute the same on behalf of the O.Ps.

It may be mentioned here that if the O.P nos. 1 to 4 did not extend their cooperation within 30 days as stipulated by this Forum to execute and register the deed of conveyance in favour of the complainant, in that event, complainant is entitled to get Rs.25000/- towards compensation from the O.P nos. 1 to 4 and if the remaining O.Ps did not cooperate i.e. not stand as a confirming party in the said deed, in that event same amount of compensation will also accrue against them ,otherwise not.

Let a plain  copy of this order be served upon the parties free of cost and one copy of the order will be sent through speed post in the name of O.P nos. 1 to 4 ,so that they may aware regarding the direction of this Forum.

 

 

 

                                                                        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 application filed under section 12 of the C.P Act, 1986 is allowed exparte against O.P nos. 1 to 4 and on contest against remaining O.Ps with a cost of Rs.5000/- which will be borne by the O.P nos. 1 to 4 due to their deficiency in service by not following the terms and conditions of the development agreement which was signed by their mother (original landlady).

The O.Ps are directed to execute and register the deed of conveyance positively in favour of the complainant within  30 days from the date of this order, failing which, the complainant is at liberty to apply before this Forum to execute the order and in that case this Forum will apply his machinery to execute the same on behalf of the O.Ps.

It may be mentioned here that if the O.P nos. 1 to 4 did not extend their cooperation within 30 days as stipulated by this Forum to execute and register the deed of conveyance in favour of the complainant, in that event, complainant is entitled to get Rs.25000/- towards compensation from the O.P nos. 1 to 4 and if the remaining O.Ps did not cooperate i.e. not stand as a confirming party in the said deed, in that event same amount of compensation will also accrue against them ,otherwise not.

Let a plain  copy of this order be served upon the parties free of cost and one copy of the order will be sent through speed post in the name of O.P nos. 1 to 4 ,so that they may aware regarding the direction of this Forum.

 

 

 

                                                                        Member                                                           President