DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR,
KOLKATA-700 0144
C.C. CASE NO. _118 _ OF 2018
DATE OF FILING : 10.10.2018 DATE OF JUDGEMENT:18.3.2019
Present : President : Ananta Kumar Kapri
Member(s) : Jhunu Prasad
COMPLAINANT : Hare Ram Brahma, son of late Nepal Chandra Brahma of Santoshpur Govt. Colony, Block-A, P.O Santoshpur ()M), P.S Maheshtala, Kolkata-142. Dist. South 24-PGs.
O.P/O.Ps : Ajijul Molla, Proprietor of M/s F.M Complex, Office at Chakmir School Para, P.O & P.S Maheshtala, Kolkata-`141, Dist. South 24-Parganas and resident at Vill. Chandan Nagar Khan Para, P.O Vivekananda Pally, Maheshtala, Dist. South 24-Parganas, Kolkata-139.
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J U D G M E N T
Sri Ananta Kumar Kapri, President
The facts leading to the filing of the instant case by the complainant may be reproduced as follows in its narrow compass.
The complainant and the O.P made an agreement for sale on 31.3.2015 and by the terms of the said agreement, the O.P promised to sell a flat as succinctly described in schedule B to the complaint to the complainant for a total consideration price of Rs.7,32,000/-. The complainant paid Rs.7 lac in different phases to the O.P. But, the O.P did not execute and register the deed of conveyance in favour of the complainant inspite of repeated demands made by the complainants. Therefore, the complainant has filed the instant case ,praying for registration of the flat in his favour by the O.P. Hence the case.
The O.P has not entered into appearance inspite of service of summons upon him and, therefore, the case is heard exparte against him.
DECISION WITH REASONS
A copy of the sale agreement dated 31.3.2015 has been filed on record by the complainant and on perusal of the same, it is found that the O.P/developer agreed to sell a flat to the complainant for a total consideration price of Rs.7,32,000/-. The complainant has paid Rs.7 lac to the O.P . All these stands established on the face of record. The O.P has not been able to appear before the Forum and to contradict all these evidences of the complainant.
Regards being had to the unchallenged evidence of the complainant, we do not feel any kind of hesitation to say that the inability of the O.P to execute and register the sale deed in favour of the complainant with respect to his flat is a gross deficiency in service and, therefore, the complainant is entitled to get the relief or reliefs as prayed for. Accordingly ,the relief is granted as hereunder.
In the result, the case succeeds .
Hence,
ORDERED
That the complaint case be and the same is decreed exparte against the O.P with a cost of Rs.10,000/-.
The O.P is directed to execute and register the deed of conveyance with respect to the flat of the complainant in favour of the complainant, having received the balance consideration money i.e Rs.32,000/- from the complainant, within a month of this order, failing which, the complainant is at liberty to execute this award through the process of the Forum.
At the same time, the complainant is directed either to make payment of the aforesaid balance consideration money to the O.P or to deposit the same with the Forum within the aforesaid date i.e a month of this order.
No compensation is awarded to the complainant ,because the possession of the flat has already been delivered to the complainant.
Registrar-In-Charge of this Forum is directed to deliver a copy of the judgment free of cost to the parties concerned.
President
I / We agree
Member
Dictated and corrected by me
President
