West Bengal

South 24 Parganas

CC/193/2015

Sri Arup Kumar Banerjee, S/O Late Debendra Nath Banerjee. - Complainant(s)

Versus

1.M/S. Sopan Construction Pvt. Ltd. - Opp.Party(s)

Rossanara Khatoon.

07 Oct 2015

ORDER

      DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

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

 

C.C. CASE NO. _193_ OF ___2015_____

 

DATE OF FILING : 21.4..2015     DATE OF PASSING JUDGEMENT:  7.10.2015__

 

Present                        :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :    Mrs. Sharmi Basu

                                                                             

COMPLAINANT             :   Sri Arup Kumar Banerjee,s/o late Debendra Nath Banerjee of Flat no.3C, 3^rd Floor at 28/1, Hochi-Minh Sarani, P.S. Parnasree, Kolkata – 61 ,represented by his Constituted Attorney Sri Subhojit Roy,s/o Late Amulya Charan Roy, Flat no.3C, 3^rd Floor at 28/1, Hochi-Minh Sarani, P.S. Parnasree, Kolkata – 61.

 

-VERSUS  -

 

O.P/O.Ps                            : 1. M/s Sopan Construction Pvt. Ltd. 63B, Bright Street, Kolkata-19

         ,former office at 5, Lower Rawdon Street, Kolkata – 20.  

            2.      Mr. Bimal Kumar Saraogi, Director of M/s Sopan Construction Pvt. Ltd. 63B, Bright Street, Kolkata – 19.

________________________________________________________________________

 

                                                            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 O.P-1 is a developer and O.P-2 is the Director who wanted to develop one G+4 storied building in respect of the premises in terms of KMC sanctioned plan no.33082/1 dated 14.6.1991  at Ho-Chi-Minh Sarani, P.S. Parnasree, Kolkata-61. The complainant also entered into an agreement for sale with the O.Ps on 5.1.1996 for a self contained flat being no.3C in the South West side measuring 900 sq.ft super built up area on the 3^rd Floor along with a car parking space in the ground floor of the said building together with undivided proportionate share in the land and all amenities and facilities with a consideration of Rs.4,50,000/- and complainant paid Rs.50,000/- towards the earnest money through cheque and complainant also paid remaining consideration money of Rs.4 lacs as well as Rs.30,000/- for extra work in different dates through cheque within the stipulated period mentioned in the agreement for sale dated i. 5.8.1996. It has further stated that on receipt of full consideration money and extra cost O.Ps delivered possession of the flat in question to the complainant on 4.3.1998 and complainant is in possession of the said flat since then and mutated name in the assessment book of the KMC as personal liability tax. The complainant asked for execution and registration of the said flat through deed of conveyance but all attempts failed even through lawyer’s

 

letter dated 24.3.2015. For this dilatory practice of the O.Ps for refusal of the deed of conveyance complainant has to bear extra cost of Rs.50,000/- towards enhanced stamp duty on the basis of the market value of the said flat , for which, complainant is suffering mental agony being a cardiac patient and that is why this case is filed with a prayer for execution  and registration of the deed of conveyance in favour of the complainant in respect of the flat described in schedule B and payment of damage Rs.1 lacs and cost of proceedings.

Inspite of normal procedure of issuance of process the O.Ps were very much reluctant to appear ,that is why, complainant compels to pray for publication of the name of the O.Ps in the daily newspaper and the name was published and paper cutting was submitted . Inspite of that none appears . But we restrained ourselves from passing any exparte order on 7.9.2015 and one month time was given to the O.P to see that good sense if prevailed ,but O.Ps are very much reluctant to appear and also not filed any written version inspite of giving opportunity, that is why , we heard the complainant exparte.

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.

                                                Decision with reasons

At the very outset in order to stop unfair trade practice as well as deficiency in service towards the complainant at large, particularly when we are disposing of the case in exparte , we like to reproduce the fact in what circumstances this case has been taken up by this Bench in exparte ,so that the Hon’ble Superior Forum may consider the same :

Firstly complainant being a peace loving person wanted a flat for peacefully loving from the O.Ps but inspite of receiving full consideration money the O.Ps did not pay any heed for arrangement for registration of the deed of conveyance. It is unknown to us until and unless the deed of conveyance is obtained in respect of any immovable property, the title cannot be passed, that is why, deed of conveyance is the backbone of the immovable property ,which this O.P knowing fully well did not register and did not appear even after paper publication and thereafter we restrained ourselves to pass any order in exparte . Opportunity was given for filing written version with a view that if good sense is prevailed by the O.P ,but no result comes out ,that is why, case was taken up exparte.

 

 

We should aware that this procedure under the head of C.P Act, 1986 is a beneficial legislation and the Hon’ble Legislature has passed this Act in order to protect the consumer at large from the hands of the unruly O.Ps.

We have further perused that consideration money has already been paid. It is true that possession has been delivered but the status of the complainant has not yet been determined if the deed of conveyance is not made or executed, that is why this case is filed by the complainant after taking several attempts to get it out of the Forum, and in this dilatory practice by the unruly O.P, sufficient time already elapsed and thereby the stamp duty already increased due to increase of valuation of the flat, for which, the mental agony and harassment which has been narrated in the complaint is justified and we hold that if we do not pay any heed or share the pain and suffering of the complainant for purchasing a flat, then the wrong signal will be spread out towards the consumer at large and the purpose of C.P Act will be frustrated, for which we find that O.Ps are very much reluctant and due to their dilatory tactics stamp duty already increased and the deficiency in service has been proved as well as unfair trade practice because after grabbing full consideration money along with extra cost of Rs.30,000/- they did not pay or perform their part of duty in terms of the agreement for sale ,that is why, the complainant is able to prove his case even in exparte. We have nothing to disbelieve the unchallenged testimony of the complainant when the O.P after getting several opportunities did not oppose the allegations leveled giant them by filing written version.

Hence,

                                                Ordered

That the application under section 12 of the C.P Act is allowed against the O.Ps.

The O.Ps are directed to execute and register the deed of conveyance in respect of the flat in dispute in favour of the complainant within 15 days from this date because there is least possibility of cooperation of the O.Ps in the matter  of registration ,that is why, 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 Suvendu Das, 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.1 lac as compensation 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 is allowed against the O.Ps.

The O.Ps are directed to execute and register the deed of conveyance in respect of the flat in dispute in favour of the complainant within 15 days from this date because there is least possibility of cooperation of the O.Ps in the matter  of registration ,that is why, 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 Suvendu Das, 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.1 lac as compensation 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