West Bengal

South 24 Parganas

CC/210/2015

Sri Anil Kumar Dey, S/O Late B.K. Dey. - Complainant(s)

Versus

1. Sri Pranabesh Bhattacharjee, S/O Late D.C. Bhattacharjee. - Opp.Party(s)

S.S.Chowdhury.

07 Jan 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 0144

 

      C.C. CASE NO. _210_ OF ___2015_

 

DATE OF FILING : 29.4.2015                     DATE OF PASSING JUDGEMENT:  7.1.2016

 

Present                        :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :    Mrs. Sharmi Basu & Subrata Sarker

                                                                             

COMPLAINANT             :    1.   Sri Anil Kumar Dey, s/o late B.K Dey

2.Smt. Anindita Banerjee,w/o Anirban Banerjee ,both of 9, Bidhanpally, P.S. Jadavpur, Kolkata – 32.

 

-VERSUS  -

 

O.P/O.Ps                            :  1.   Sri Pranabesh Bhattacharjee,s/o late D.C Bhattacharjee, 28, Ibrahimpur Road, 2^nd Floor, P.S. Jadavpur, Kolkata – 32.

                                            2a.    Smt. Bani Bhattacharjee,w/o late Durgesh Ch. Bhattacharjee

                                           2b.    Sri Arun Bhattacharjee,s/o late Taresh Ch. Bhattacharjee

                                           Both of 9, Bidhanpally, P.S. Jadavpur, Kolkata – 32.

 

_______________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

 

Sri Udayan Mukhopadhyay, President

            The short case of the complainant is that O.P nos.2a and 2b are the owners and O.P-1 is the developer who has constructed a building at 77/1, Ibrahimpur Road, Postal Address no.9, Bidhan Pally, Kolkata – 32 . It has further stated that complainant being a purchaser has entered into an agreement for sale on 26.11.2013 with the developer for purchasing a flat in respect of that piece and parcel of homestead land measuring 1 cattah 11 chittak with two storied brick built structure standing thereon in the South North Portion of the premises . It has settled that total consideration money will be Rs.14 lacs which will be paid by the complainant to the developer.   It has alleged that developer has not yet completed the flat in dispute ,for which complainants are not in a position to use the flat properly. Complainants are also facing some problems to keep the belongings. It has stated that complainants are unable to open and close the windows of the flat since water is percolating from the roof of the bathroom of the flat in dispute. It has also alleged that the basin fixed by the developer inside the flat is also defective. It has also alleged that complainants are unable to keep double cot inside the room of the flat. In a ward, complainants are facing so many troubles after purchasing the flat ,for which, he is entitled to Rs.2 lacs to make the flat in habitable condition. It has further stated that the complainants requested the developer to make the flat habitable but developer did not pay any heed to it. Complainants are compelled to take possession of the flat from the developer in the month of 2014 but inspite of requests the deed of conveyance in favour of the complainants were not executed and registered. The market value of the flat was enhanced to Rs.15,24,000/- ,for which stamp duty has been enhanced to Rs.91,400/- and registration fee is Rs.16,851/- as on 7.8.2014. it has claimed that developer is bound to pay the enhanced stamp duty and entitled to get Rs. 1 lac from the developer for deficiency in service as well as Rs. 1 lac for compensation. Hence, this case.

            The O.Ps are  contesting the case by filing written version and have denied all the allegations leveled against them. But in para 16 of the written version the O.Ps have stated that they are ready and willing to execute and register the deed of conveyance in respect of the flat in question since inception but the complainants are trying to make the situation controversial for their illegal gain and to harass and exploit the O.P. It has been categorically stated by the O.P developer that there was correspondences regarding registration initiated through the ld. Advocate of the O.P namely and a reply was sent on 5.1.2015 by the ld. Advocate of the complainant . So, question of enhancement of stamp duty does not arise when the mutual date of execution and registration of the deed is going on. Hence, the O.P prays for passing necessary order since the O.Ps are ready and willing to execute and register the deed of conveyance in favour of the complainants.

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

                                    Decision with reasons

Admittedly complainants are in possession of the property in dispute since March, 2014. We have also seen the letter dated 13.1.2015 wherein the O.Ps expressed their willingness to execute and register the deed of conveyance since inception. We also find the same from the possession letter and also the letter dated 5.1.2015 issued by the Ld. Advocate of the complainants.

Be that as it may, when the O.Ps file BNA and expressed their readiness to execute and register the deed of conveyance ,we find that there was misunderstanding between the parties ,that is why deed of conveyance was not executed and registered ,particularly when there is no dispute regarding payment of consideration money and complainant has already paid entire consideration  money to the developer ,that is why developer has handed over possession of the flat .

It is true that the complainants have pointed out some incomplete works in para 7 of the complaint but complainant did not take any positive steps to prove the same by appointing Advocate Commissioner. So, we are in dark regarding the same incomplete works. Moreover, in the prayer portion there is nothing mentioned regarding completion of the incomplete works. So, at this stage , we find that execution and registration of the sale deed is required to be done by the developer and the owners of the land. When, they have not yet done the same, this is nothing but a deficiency in service. Accordingly, we find that execution and registration is required at this stage as per prayer A of the complaint .

Hence,

                                                                        Ordered

That the application filed under section 12 of the C.P Act, 1986 is allowed on contest with cost.

The O.Ps are directed to execute and register the deed of conveyance in favour of the complainants in terms of the agreement for sale within 45 days from the date of this order, failing which, O.Ps are jointly and/or severally liable to pay compensation towards the enhancement of the stamp duty of Rs.1 lac and if the registration is completed within the stipulated date, the said money did not require to be paid.

The O.Ps are also jointly and/or severally directed to pay Rs. 20,000/- towards compensation for harassment and mental agony suffered by the complainants and Rs. 5000/- towards cost to the complainants within 30 days from the date of this order ,failing which the amounts will carry interest @9% p.a. till its realization from the date of this order.

Let a plain copy of this order be served upon the complainant free of cost and one copy be sent to the O.P through speed post.

 

Member                                               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 on contest with cost.

The O.Ps are directed to execute and register the deed of conveyance in favour of the complainants in terms of the agreement for sale within 45 days from the date of this order, failing which, O.Ps are jointly and/or severally liable to pay compensation towards the enhancement of the stamp duty of Rs.1 lac and if the registration is completed within the stipulated date, the said money did not require to be paid.

The O.Ps are also jointly and/or severally directed to pay Rs. 20,000/- towards compensation for harassment and mental agony suffered by the complainants and Rs. 5000/- towards cost to the complainants within 30 days from the date of this order ,failing which the amounts will carry interest @9% p.a. till its realization from the date of this order.

Let a plain copy of this order be served upon the complainant free of cost and one copy be sent to the O.P through speed post.

 

Member                                               Member                                                                       President