West Bengal

South 24 Parganas

CC/550/2014

Smt. Swapna Halder, Wife of Sri Samar Halder. - Complainant(s)

Versus

1. Sri Pradyot Kumar, S/O- Late Panchanan Kumar. - Opp.Party(s)

Ashis Das.

15 Dec 2015

ORDER

DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , BARUIPUR, KOLKATA-700 0144

 

      C.C. CASE NO. _550_ OF ___2014__

 

DATE OF FILING : 14.11.2014                   DATE OF PASSING JUDGEMENT:  15.12.2015__

 

Present                        :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :    Sharmi Basu

                                                                             

COMPLAINANT             : Smt. Swapna Halder,w/o Sri Samar Halder of 2^nd Floor, Southern Side Flat of 9/28, Pashupati Bhattacharjee Road, P.S. Behala, Kolkata – 34.

 

 

-VERSUS  -

 

O.P/O.Ps                            :  1. Sri Prodyot Kumar,s/o late Panchanan Kumar of 18, Iswar Ganguli Lane, P.S. Kalighat, Kolkata – 26 and residing at 37A, Lansdown Terrace, 2^nd Floor, Kolkata – 26.

                                             2.     Sri Sushanta Sen,s/o Sri Paresh Chandra Sen of 161/15, Roy Bahadur Road, P.S. Behala, Kolkata – 34.

________________________________________________________________________

 

                                                            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 filed by the complainant on the ground that the complainant with a view to purchasing a residential flat for the accommodation for herself and her family members entered into an agreement for sale with the O.Ps,wherein, O.P-1 is the absolute owner and OP-2 constructed the flat described in the schedule along with other flats and agreed to sell the said flat with a consideration of Rs.5,60,000/- on 17.8.2008 . It has stated that complainant has paid a sum of Rs.6 lacs only in installments to the O.P-2 and the excess sum of Rs.40,000/- was paid by the complainant to the O.P by way of cost of registration which is approved from the Xerox  of the bank statement. It has stated that complainant is in possession of the second floor southern side flat completed by the O.P as per specification mentioned in the said agreement dated 17.8.2008. Deed of conveyance has not yet been executed, that is why this case is filed along with compensation to the tune of Rs.5 lacs which is required for increased stamp duty and cost.

The O.P-1 filed written version and has admitted that Memorandum of understanding was made to O.P-2 for development of the property and it is not within the knowledge of the O.P-1 regarding transfer in favour of the third party ,for which complainant has been trying to settle the issue between himself and the O.P-2 outside the Forum. However, it has stated that he is always ready and willing to execute and register any documents in favour of any person as desired by the Forum by passing any order. This statement is filed with affidavit.

The O.P-2 also filed written version and has admitted regarding the development agreement and also admitted regarding the agreement with the complainant with a consideration of Rs.5,60,000/-. It has further stated that the complainant for some re-modeling and change of some portion of the flat agreed to pay another sum of Rs.60,000/- to the O.P-2 and as per his choice O.P-2 completed the work and already delivered vacant possession of the flat in favour of the complainant and also requested the complainant for registration of the sale deed but complainant deferred the matter on different pleas. It has stated falsely by the complainant that she paid excess amount of Rs.40,000/- and also stated falsely that she was always ready and willing for registration.

So, this case is filed on the basis of false allegation against this O.P-2 and hence prays for dismissal of the case.

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

                                                            Decision with reasons

From the averment of the complainant and O.P-1 it has already been proved that O.P-2 made an agreement for sale with the complainant with a consideration of Rs.5,60,000/- and complainant already paid Rs.6 lacs and the said excess amount of Rs.40,000/- is for registration charges but O.P-2 claims that said Rs.40,000/- is for further works. The O.P-2 has put a question in question nos.13 and 15 regarding the fate of Rs.40,000/- but the complainant in her reply has specifically stated that rs.40,000/-  was only paid for cost of registration and has denied regarding any additional work and we find further regarding the answer of question no.13 of the complainant that complainant justifiably answered that she never asked for refund of Rs.40,000/- which she paid to O.P-2 to make the cost of registration and we are aware that registration has not yet been done. Thus this answer clearly justifies that it was the amount for registration not for extra work which was generally asked from the intending purchaser for registration purpose.

Be that as it may, we find that complainant has been able to prove his case and registration has not yet been done which is no doubt a deficiency in service. Be it mentioned here that after filing questionnaire and written version it can safely be held that any of the O.Ps are interested to assist this Forum by advancing argument ,that is why, they did not file any BNA and take part in the argument. But that does not mean it is mandatory to take part in the argument, particularly when they have filed written version ,questionnaire etc. that is why the case will be disposed of on contest.

 

Hence,

                                                                        Ordered

That complaint case be and the same is allowed on contest against the O.Ps.

The O.P-1 is directed to execute and register the deed of conveyance in respect of the flat in question in favour of the complainant within 30 days from the date of this order, wherein O.P-2 will stand as a confirming party.

The O.P-2 is directed to pay compensation to the tune of Rs.1 lac to the complainant because due to his negligence complainant failed to get the deed of conveyance executed and registered and he accepted Rs.40,000/- towards registration cost which was prevailed at the relevant point of time, within 30 days from the date of this order.

The O.P-1 is also liable to pay compensation to the tune of Rs.25000/- if he failed to execute and register the deed of conveyance in favour of the complainant within the stipulated period, otherwise not.

The cost of the case is assessed at R.5000/- which will be paid by the O.P-2 within 30 days from the date of this order.

If the O.P-1 failed to execute and register the deed of conveyance in terms of the agreement for sale , then complainant can approach this Forum to arrange for execution and registration of the deed of conveyance by appointing machinery of this Forum and in that even O.P-1 is liable to pay compensation to the tune of Rs.25000/- and O.P-2 shall have to stand as a confirming party there.

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 complaint case be and the same is allowed on contest against the O.Ps.

The O.P-1 is directed to execute and register the deed of conveyance in respect of the flat in question in favour of the complainant within 30 days from the date of this order, wherein O.P-2 will stand as a confirming party.

The O.P-2 is directed to pay compensation to the tune of Rs.1 lac to the complainant because due to his negligence complainant failed to get the deed of conveyance executed and registered and he accepted Rs.40,000/- towards registration cost which was prevailed at the relevant point of time, within 30 days from the date of this order.

The O.P-1 is also liable to pay compensation to the tune of Rs.25000/- if he failed to execute and register the deed of conveyance in favour of the complainant within the stipulated period, otherwise not.

The cost of the case is assessed at R.5000/- which will be paid by the O.P-2 within 30 days from the date of this order.

If the O.P-1 failed to execute and register the deed of conveyance in terms of the agreement for sale , then complainant can approach this Forum to arrange for execution and registration of the deed of conveyance by appointing machinery of this Forum and in that even O.P-1 is liable to pay compensation to the tune of Rs.25000/- and O.P-2 shall have to stand as a confirming party there.

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