West Bengal

South 24 Parganas

CC/226/2015

Tanushree Roy Chowdhury, Daughter of Late Ratan Roy Chowdhury. Wife of Sri B. Chakraborty. - Complainant(s)

Versus

1. Sri Kalyan Ray, S/O Kalipada Ray - Opp.Party(s)

S.S.Chowdhury.

09 Oct 2015

ORDER

      DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

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

 

C.C. CASE NO. _226_ OF ___2015_____

 

DATE OF FILING : 13.5 .2015     DATE OF PASSING JUDGEMENT:  9.10.2015__

 

Present                        :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :    Mrs. Sharmi Basu

                                                                             

COMPLAINANT             :   Tanushree Roy Chowdhury,d/o late Ratn Roy Chowdhury ,w/o Sri B Chakraborty of B/25, Baghajatin Colony Road, P.S. Jadavpur, Kol-92.

 

-VERSUS  -

 

O.P/O.Ps                            : 1.   Sri Kalyan Ray,s/o Kalipada Ray 12, Bikramgarh, P.S. Jadavpur, Kol-32.

2.  Smt. Rita Banerjee,w/o late Narendra Nath Banerjee of                               B/25, Baghajatin Colony Road, P.S. Jadavpur, Kolkata – 92.

________________________________________________________________________

 

                                                            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.

            It is the short case of the complainant that he entered into an agreement with the developer ,O.P-1 on 6.6.2006 for purchasing a flat in respect of 2^nd floor area measuring 250 sq.ft including undivided proportionate shre of land at premises no.68B/352/1, Raja Subodh Chandra Mullick Road, being postal address B/25, Baghajatin Colony Road, Kolkata – 92 P.S. Jadavpur. It has further stated that the complainant has paid the entire consideration money to the developer and developer handed over possession of the second floor flat in favour of the complainant on 6.6.2006 and since then the complainant is in possession and in occupation in respect of the said flat consisting of one bed room, one kitchen, one toilet etc. But the developer inspite of fixing date for registration of sale deed  failed to comply the same and land owner also is avoiding and neglecting to execute and register the sale and lastly on 30.4.2015 the complainant requested the O.Ps to execute and register the deed of conveyance in favour of the complainant but they did not pay any heed to it. Hence, this case with a prayer for execution and registration of the deed of conveyance and cost and compensation etc.

            The O.Ps did not appear and contest the case insptie of service of summon upon them . Hence, the case proceeded exparte against them.

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

                                                            Decisionwithreasons                                                                           At the very outset it must be stated that inspite of sending summon b y the postal authority informing them, but no fruitful result comes out ,that is why, the case is fixed for exparte hearing. Since the developer and the land owner did not challenged the contents of the complaint as leveled against them ,although possession was delivered but no registration was made by the O.Ps, this unchallenged testimony of the complainant clearly suggests that complainant is suffering for want of registered sale deed ,although complainant failed to submit any agreement for sale or any money receipts . But we have nothing to disbelieve the contention of the complainant , particularly when it has not been challenged by the O.P ,for which sitting in a chair of Consumer Forum we have to redress the same in favour of the complainant .

            Thus the complainant has been able to prove his case.

            Hence,

                                                                        Ordered

That the application under section 12 of the C.P Act ,1986 is allowed exparte.

The O.Ps are directed to execute and register the sale deed in favour of the complainant in respect of the flat in dispute within 15 days from this date, failing which, after lapse of 15 days we will appoint our machinery of the Forum to execute and register the deed of conveyance on behalf of the O.Ps after verifying the deed of conveyance in terms of the agreement for sale and verifying the schedule of the property mentioned in the schedule of the complaint and  Sri Arindam Peyada, Ld. Advocate is appointed as a Commissioner to execute and register the deed of conveyance as a machinery of this Forum. The remuneration of the Commissioner is fixed at Rs.4000/- to be paid by the complainant and writ will be issued after 15 days from the date of this order.

The O.ps are also directed to pay Rs.20,000/-  as compensation and litigation cost of Rs.2000/- to the complainant for mental agony and harassment suffered by the complainant within 30 days from the date of this order ,failing which interest will carry @10% p.a till its realization.

Complainant is at liberty to get the deed of conveyance executed and registered through the machinery of this Forum after the stipulated period.

Let a plain copy of this order be sent to the O.Ps through this Forum and a copy be handed over 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 application under section 12 of the C.P Act ,1986 is allowed exparte.

The O.Ps are directed to execute and register the sale deed in favour of the complainant in respect of the flat in dispute within 15 days from this date, failing which, after lapse of 15 days we will appoint our machinery of the Forum to execute and register the deed of conveyance on behalf of the O.Ps after verifying the deed of conveyance in terms of the agreement for sale and verifying the schedule of the property mentioned in the schedule of the complaint and  Sri Arindam Peyada, Ld. Advocate is appointed as a Commissioner to execute and register the deed of conveyance as a machinery of this Forum. The remuneration of the Commissioner is fixed at Rs.4000/- to be paid by the complainant and writ will be issued after 15 days from the date of this order.

The O.ps are also directed to pay Rs.20,000/-  as compensation and litigation cost of Rs.2000/- to the complainant for mental agony and harassment suffered by the complainant within 30 days from the date of this order ,failing which interest will carry @10% p.a till its realization.

Complainant is at liberty to get the deed of conveyance executed and registered through the machinery of this Forum after the stipulated period.

Let a plain copy of this order be sent to the O.Ps through this Forum and a copy be handed over the complainant free of cost.

                                                            Member                                               President