In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No. 270 / 2010.
1) Sufia Khatun,
11A, Chamru Khansama Lane, Kolkata-700017. ---------- Complainant
---Versus---
1) Al-Haj Md. Ali Azad,
81, Abdul Kalam Azad Sarani, Kolkata-700054.
2) Saud Ahmed,
6/H/4/1, Chamru Khansama Lane, Kolkata-700017 ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Sharmi Basu, Member
Order No. 18 Dated 16/05/2012.
The petition of complaint has been filed by the complainant Sufia Khatun against the o.ps. Mr. Al-Haj Md Ali Azad and another. The fact of the case in short is that complainant booked a flat on 7.11.04 @ Rs.1150/- per sq.ft. for 536 sq.ft. at a consideration amount of Rs.6,16,400/- and out of which complainant paid Rs.5,77,000/- and possession was given measuring 476 sq.ft. instead of 536 sq.ft. and registration of the flat has not been made. Hence the case.
O.ps. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. O.ps. submitted that they are agreeable to execute the deed of conveyance if the balance amount of Rs.39,400/- is paid by complainant to the o.ps.
Decision with reasons: -
We have gone through the pleadings of the parties, evidence and documents in particular. From the schedule of the petition of complaint there is mentioned of 536 sq.ft. and it is to be construed that complainant received the entire area inclusive of super built area. The report of LBS cannot be given credence since o.ps. did not get any scope to cross examine the LBS. O.ps. ought to have come forward to execute and register the deed of conveyance on receipt of balance amount of Rs.39,400/- and we find deficiency on the part of o.ps. for not coming forward to execute and register the deed of conveyance in favour of the complainant.
Hence, ordered,
The petition of complaint is allowed on contest in part with cost against the o.ps. O.ps. are hereby jointly and/or severally directed to execute and register the deed of conveyance in favour of the complainant on receipt of balance amount of Rs.39,400/-from the complainant, on the date of registration of the deed of conveyance and also to issue compliance certificate prior to execution of deed of conveyance and complainant is hereby directed to act accordingly. O.ps. are also jointly and/or severally directed to pay to the complainant compensation of Rs.15,000/- (Rupees fifteen thousand) only for her harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties.
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MEMBER MEMBER PRESIDENT
