West Bengal

South 24 Parganas

CC/516/2014

Sri Sudipto Shankar Ghosh, S/O. Sri Niranjan Kumar Ghosh. - Complainant(s)

Versus

1. Swastik Forum. - Opp.Party(s)

28 Apr 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

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

                                                C.C  CASE NO.__516___ OF 2014

DATE OF FILING:_17.10.2014_             DATE OF PASSING JUDGEMENT:_28.4.2015____

Present                                                                : President:  Udayan Mukhopadhyay

                                                                  Member   :  Dr.(Mrs.) Shibani Chakraborty

 

COMPLAINANT                                 : Sri Sudipto Shankar Ghosh, s/o Sri Niranjan Kumar Ghosh of Vill. Srikhanda, P.O Panchpota, Garia, P.S. Sonarpur,Kolkata – 152.

                                                                                                                Vs

O.P/O.PS                                             : 1. Swastik Forum, 5/2, Jadavpur Central Road, P.S. Jadavpur,Kol-32.

                                                                2.     Siddhartha Kar,s/o Sudhir Kar of 5/2, Jadavpur Central Road, PS. Jadavpur, Kolkata – 32.

                                                                3.     Uday Bhanu Ghosh Dastidar,s/o late S.K. Ghosh Dastidar of 5/2, Jadavpur Central Road, P.S. Jadavpur, Kolkata – 32.

                                                                4.     Sankar Purkayat,s/o Kali Prasad Purkayat of 5/2, Jadavpur Central Road, PS. Jadavpur, Kolkata – 32.

                                                                5.     Rumpa Ghosh,w/o Subrata Ghosh of 5/2, Jadavpur Central Road, PS. Jadavpur, Kolkata – 32.

                                                                6.     Rinku Bose,w/o Late Bhaskar Bose of 14/D-1, Bay Tower, Hiland Park, Chak Garia, Kolkata- 78.

                                                                6a)     Payel Bose, d/o late Bhaskar Bose, 14/D-1, Bay Tower, Hiland Park, Chak Garia, Kolkata- 78.

                                                                7. Smt. Baby Bose, w/o late Pradip Kumar Bose, 1, North Road, Jadavpur, Kolkata – 32.

                                                                7a)     Smt. Radha Bose,d/o late Pradip Kumar Bose of 1, North Road, Jadavpur, Kolkata – 32.

                                                                8.     Shikha Roy, d/o late Jyotirmoy Bose,w/o Deba Prasad Roy, Sobha Sunflower, Apartment 2, Basavanagar Main Road, Basavanagar, Bangalore- 560037.

                                                                9.     Tapati Roy, w/o late Pritam Roy,d/o late Jyotirmoy Bose ,18, Nakuleswar Bhattacharya Lane, Tollygunge, Kolkata – 26.

                                                                                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 a ground that the O.P-1 is the partnership Farm and O.P nos. 2,3,4 and 5 are the partners of the said Farm. The O.P nos. 6,6a, 7, 7a ,8 and 9 are the land owners of the premises being no.11A, Kalibari Lane, P.S. Jadavpur, Kolkata-32. It has further stated that Shantikana Basu, since deceased, happened to be the mother, mother-in-law and grand mother  of the original owners of the premises and the said Shantikana Basu authorized the O.P-1,2,3,4 and 5 to develop the said property as stated above through development agreement dated 22.9.1998. It has stated that Smt. Basu , since deceased, already executed and registered Power of Attorney in favour of O.P-1 to 5 in respect of entering into the agreement for sale with the intending purchaser or purchasers and also to execute and register the deed of conveyance in favour of the intending purchasers.

Accordingly complainant entered into an agreement for sale on 7.2.2000 with the O.P nos. 1 to 5 for purchase of one flat on the first floor South East Side measuring 888 sq.ft super built up area and one car parking space on the ground floor of G+III building together with undivided proportionate and common areas and facilities including roof right of the building from the developer’s allocation of the said building. The total consideration money was Rs.7,39,760/- . The complainant already paid total consideration amount to the O.P nos. 1 to 5 and the O.Ps delivered possession of the said flat and car parking space to the complainant on 9.8.2011. The Xerox copy of the payment receipts are annexed in annexure D collectively and Xerox copy of possession letter dated 9.8.2011 is also annexed as annexure E. But the O.Ps have failed and neglected to execute and register the deed of conveyance in respect of the said flat and car parking space inspite of several reminders through registered speed post with A.D. Hence, this case seeking registration of flat and car parking space and compensation for harassment of Rs.1 lac and litigation cost of Rs.15000/- and mental agony Rs.20,000/-.

Inspite of sending summon the O.P nos. 1 to 5 did not appear but the O.P nos. 6 to 9 appeared and filed written version and has specifically stated that they have no objection to execute and register the deed of conveyance in respect of the suit property in favour of the complainant at complainant’s cost and further stated that they being land owners of the property have no objection to execute and register the deed of conveyance in respect of the first floor South East side flat measuring 888 sq.ft super built up area along with one car space at ground floor at G+3 storied building situated at premises no.11A, Kalibari Lane, P.S Jadavpur, Kolkata – 32.

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

                                                                Decision with reasons

                Thus we find that land owners are very much cooperative in the matter of registration which is their part because the registered deed of power was executed by their mother, mother-in-law and grand mother .So we find no deficiency in service on the part of the land owners O.P nos. 6 to 9 but we find serious deficiency of serviced on the part of the developer because they have accepted the full consideration money which is appearing in Annexure D and although possession given , but remaining part i.e. standing as confirming party in the deed was not complied with fully, that is why we find that O.P nos. 1 to 5 acted deficiency of service .

                Hence,

                                                                                Ordered

That the application filed under section 12 of the C.P Act, 1986 is allowed exparte against O.P nos. 1 to 5 and on consent against O.P nos. 6 to 9 .

O.P s are directed to execute and register the deed of conveyance in favour of the complainant within 45 days from the date of this order and complainant have to be ready in respect of draft deed of conveyance as well as charges of stamp duty and registration fees in the meantime ,failing which, the complainant is at liberty to approach the Forum to get the registration through the machinery of this Forum.

It is also directed that at the time of registration by the land owners i.e. O.P nos. 6 to 9, complainant has to approach this Forum for the machinery of the Forum in respect of confirming party i.e. O.P nos. 1 to 5 ,if O.P nos. 1 to 5 failed and neglected to stand as confirming party in the said deed within 45 days.

The O.P nos. 1 to 5 are directed to pay compensation to the tune of Rs.50,000/- and litigation cost of Rs.10,000/- to the complainant within 45 days ,failing which, complainant is at liberty to execute the order through this Forum.

Let a plain copy of this order be served upon the parties 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 filed under section 12 of the C.P Act, 1986 is allowed exparte against O.P nos. 1 to 5 and on consent against O.P nos. 6 to 9 .

O.P s are directed to execute and register the deed of conveyance in favour of the complainant within 45 days from the date of this order and complainant have to be ready in respect of draft deed of conveyance as well as charges of stamp duty and registration fees in the meantime ,failing which, the complainant is at liberty to approach the Forum to get the registration through the machinery of this Forum.

It is also directed that at the time of registration by the land owners i.e. O.P nos. 6 to 9, complainant has to approach this Forum for the machinery of the Forum in respect of confirming party i.e. O.P nos. 1 to 5 ,if O.P nos. 1 to 5 failed and neglected to stand as confirming party in the said deed within 45 days.

The O.P nos. 1 to 5 are directed to pay compensation to the tune of Rs.50,000/- and litigation cost of Rs.10,000/- to the complainant within 45 days ,failing which, complainant is at liberty to execute the order through this Forum.

Let a plain copy of this order be served upon the parties free of cost.

 

                                                                                                Member                                                              President