DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR,
KOLKATA-700 0144
C.C. CASE NO. __421_ _ OF ___2013
DATE OF FILING :_9.10.2013 DATE OF PASSING JUDGEMENT: 27.9.2018
Present : President : Ananta Kumar Kapri
Member(s) : Subrata Sarker & Jhunu Prasad
COMPLAINANT : 1. Sri Abhijit Das Majumder, son of late Bankim Chandra Das Majumder.
2. Smt. Aparna Das Majumder, wife of Abhijit Das Majumder , represented by her husband as authorized signatory, all residing at 95, Satyen Roy Road, P.S Behala, Kolkata – 34 and also at 31, Lalmati Gandhi Basti Silpukuri, Gauhati, Dist. Kamrup, Assam-718103.
O.P/O.Ps : 1. Sri Shuvam Putatunda, son of Sri Sachindra Putatunda, Prop. Of M/s Aashiana Interiors of 17/17, Sisir Began Road, P.S Behala, Kolkata – 34.
2. Sri Chandan Paul, son of late Dinesh Chandra Paul.
3. Smt. Maya Paul, wife of late Dinesh Chandra Paul,
Both of 92/2, Bahir Sarbamangala Para, near Durga Mandir, P.S & Dist. Bardhaman, Pin-713101.
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J U D G M E N T
Sri Ananta Kumar Kapri, President
Once this case was decreed in favour of the complainant by this Forum and the O.P-1 preferred an appeal before the Hon’ble State Commission against the said order and the Hon’ble State Commission has been pleased to set aside the said final order passed by this Forum by its order dated 6.12.2017 passed in F.A no. 467 of 2014 with a direction to the O.Ps to file written statement in the case and thereafter to the Forum to dispose of the case in accordance with Law. So, the case is received on remand for disposal at present.
Facts leading to the filing of the case may be epitomized as follows.
.P-1 is the developer ,carrying on real estate business; O.P nos. 2 and 3 are the land owners. A sale agreement was effected on 7.11.2009 by the O.Ps in favour of the complainant ,whereby the complainant agreed to purchase a self contained flat as succinctly described in Schedule B to the agreement for a consideration price of Rs.10,20,000/- payable in terms of the agreement . He i.e the complainant paid Rs. 8,19,900/- to the O.P-1 on different dates; possession was also delivered to the complainant by the O.P-1 , but no deed was executed and registered by the O.Ps in favour of the complainant in respect of the flat purchased by him nor was any completion certificates delivered to the complainant by the O.P-1. So, alleging deficiency in service on the part of the O.Ps, the complainant has filed the instant case ,praying for execution and registration of the deed of conveyance by the O.P in favour of him and also for delivery of completion certificate of the flat to him by the O.P-1. Hence arises the instant case.
O.P-1 has been contesting the case by filing written statement ,wherein it is submitted by him that the sale agreement dated 7.11.2009 was executed by him, that he received Rs. 5 lac only out of Rs.10,20,000/- as consideration price from the complainant and that the complainant is still liable to pay the balance consideration money to him. The said balance consideration money has not been paid by the complainant to him and as such the complainant is defaulter of the terms and conditions of the agreement and, therefore, he is not entitled to get relief as prayed for.
Upon the averments of the parties, the following points are formulated for consideration.
POINT FOR DETERMINATION
- Are the O.Ps guilty of deficiency in service as alleged in the complaint?
- Is the complainant entitled to get relief or reliefs as prayed for ?
EVIDENCE OF THE PARTIES
Both the complainant and the O.P-1 have filed evidence on affidavit and the same is kept in the record.
DECISION WITH REASONS
Point no.1 & 2 :
In the instant case, it is the version of the O.P-1 that he is ready and willing to execute and register the deed of conveyance in favour of the complainant in respect of the flat sold to him, provided the complainant pays the balance consideration money to him. The price of the flat is Rs.10,20,000/- and there is no dispute on this point between the parties. The only dispute which requires consideration by this Forum is what amount of consideration price has been paid by the complainant to the O.P-1.
According to the complainant, he has paid Rs.8,19,900/- to the O.P-1. But the version of the O.P-1 is otherwise. He gives out that he has received Rs.5 lac only from the complainant and is entitled to get the balance consideration money from the complainant. The complainant has filed copies of his passbook statement as well as copies of three pay-in-slips. These documents have not been challenged by the O.P-1. Relying upon these documents, we come to find that the complainant has paid Rs.6,70,000/- to O.P-1 in all . This being so, he is still liable to pay Rs.3,50,000/- ( Rs.10,20,000/- - Rs.6,70,000/-) to O.P-1. It is admitted fact that registration of the flat has not been made by the O.Ps in favour of the complainant. Also admitted is the fact that completion certificate has not also been delivered to the complainant by the O.P-1.The complainant is entitled to get completion certificate , possession letter and a registered sale deed from the O.Ps. The possession of the flat has been handed over to the complainant about 10 years ago. Since then, the complainant has been sleeping over the matter; he has not issued even a single letter to O.P-1, asking him to execute and register the deed of conveyance in favour of him. May be, it was for the reason that the complainant had not the requisite money in his hand to complete execution and registration of the deed of conveyance.
Be that as it may, taking this conduct of the complainant into consideration, we are inclined to say that the complainant is not entitled to get any kind of compensation for delay caused in the matter of registration of the sale deed by the O.P-1 in respect of the subject flat.
In the consequence, the case succeeds.
Hence,
ORDERED
That the complaint case be and the same is decreed on contest against O.P-1 with a cost of Rs.5000/- and exparte against O.P nos. 2 and 3 without any cost.
The O.Ps are directed to execute and register the sale deed in respect of the subject flat in favour of the complainant within a month of this order. But the complainant will have to make payment of Rs.3,50,000/- to O.P-1 before registration is completed.
The O.P-1 is also directed to hand over the possession letter and also the completion certificate of the subject flat to the complainant within a month of this order.
If the O.Ps fail to carry out the direction given by this order within the aforesaid period, the complainant is at liberty to execute this order through the instrumentality of the Forum.
Let a free copy of this order be given to the parties concerned at once.
President
I / We agree
Member Member
Dictated and corrected by me
President
