Minakshi Chakroborty,  Presiding Member.

This case has been filed U/s.35 of the Consumer Protection Act, 2019 by the complainants that COMPLAINANT NUMBER 1 and her husband(since deceased) entered into an agreement for sale, made and executed on 2/04/20016 with the opposite parties for purchasing a one self contained residential flat on the ground floor measuring about 700 sq.ft. including Super built up area in the building together with proportionate undivided impartible share and interest on the land measuring about 3 Cottahs 12 Chittacks 43 sq.ft and the complainant paid a sum of Rs. 3,39,000/- only out of total consideration Rs. 3,40,000/- only in the following mode of payment:

            The complainants  also state that on 9^th September, 2007 letter of possession have issued by the opposite parties and delivered the peaceful vacant possession of the said flat in habitable condition, measuring about 700 sq.ft including super built up area on the ground floor in the said building and after observing the physical possession of the said flat Konnagar Municipal authority mutated the names of the complainants suo moto against the said flat and paying the taxes regularly and timely since then and opposite party nos. 8 and 9  the developers and constituted attorneys appointed by the land owners to execute and register the sale deed in respect of the said flat together with proportionate undivided share and interest on the land after paying the balance consideration money Rs. 1000/- but opposite party nos. 8 and 9 developers and constituted attorneys are not cooperated with the complainants in the matter of execution and registration of sale deed in respect of the said flat and then the complainant served a letter dt. 8.8.2021 asking to execute and register the sale deed in respect of the said flat but no steps has been taken by them.

            Be it mentioned herein that the opposite party no. 3 has sent a letter dated 6.12.2021 through speed post stating therein that all the opposite parties except opposite party nos. 8 and 9 have no objection in execution and registration of a SALE DEED in favour of both the complainants .Accordingly, no order need be passed in respect of opposite party nos. 1 to 7.

            Complainant filed the complaint petition praying direction upon the opposite parties to execute and register the sale deed in respect of the said flat particularly described in the schedule of the property herein below in the office of ADSR Serampore or any other Registration Office having jurisdiction to register the same and to pay sum of Rs. 2,00,000/- for damages for physical sufferings undue harassment, mental agony and financial loss and to pay a sum of Rs. 50,000/- towards cost of the proceedings and to give such other or further relief/ reliefs which may deem fit and proper.

            The complainants filed evidence on affidavit which is nothing but replica of complaint petition and supports the averments of the complainant in the complaint petition.

            Complainants filed written notes of argument. The evidence on affidavit and written notes of argument of the complainant are taken into consideration for passing final order.

            Argument as advanced by the agents of the complainant heard in full.

            From the discussion hereinabove, we find the following issues/points for consideration.

Issues/points for consideration

1. Whether the complainants are consumers in view of section 2(7) of the Consumer Protection Act 2019?
2. Whether this commission is entitled to entertain the present case?
3. Whether there is any deficiency of service on the part of the opposite party nos. 8 and 9?
4. Whether the complainants are entitled to get any reliefs as prayed for?

                                       DECISIONS WITH REASONS

All the points are taken together for the sake of convenience.

1. In the light of the discussion hereinabove and from the materials on record, it transpires that the complainant is a Consumer as provided by the spirit of Section 2 (7) of the Consumer Protection Act, 2019, the complainant here in is a consumer of the opposite parties.
2. Both the complainants and the opposite parties are residents/having their office addresses within the district of Hooghly. Considering the claim amount of complainant as per prayer of the petition of complainant it appears that those are not exceeding 50,00,000/-. So, this Forum has territorial/pecuniary jurisdiction to entertain and try the case.
3. Deficiency as referred to in section 2(11) of the Consumer Protection Act 2019 means any fault or any shortcoming in the manner of performance in pursuance of a contract to the service read with section 2(11)(i) seems to have been committed by the O.P nos. 8 and 9.
4. In view of the discussion held hereinabove, undoubtedly the complainants are entitled to get the reliefs as prayed for.

Hence,

it is

ordered

that the Complaint Case being no.138 of 2021 be and the same is allowed ex parte against opposite party nos. 8 and 9.

      Both opposite party nos. 8 and 9 do execute and register the SALE DEED in respect of the flat within premises of the municipal holding number 11 N.C.MITRA LANE P.O –Konnagar situated over R.S dag no. 6077 khatian no. 3482 within 30 days from date.

       Both the petitioners do get damages to the tune of Rs. 50,000 for mental sufferings.

       Both the petitioners do get Rs. 10,000 from the opposite party nos. 8 and 9 as litigation cost.

At the event of failure to comply with the order the opposite party shall pay cost @ Rs. 50/- for each day’s delay, if caused, on expiry of the aforesaid 45 days by depositing the accrued amount, if any, in the Consumer Legal Aid Account.

Let a plain copy of this order be supplied free of cost to the parties/their ld. Advocates/Agents on record by hand under proper acknowledgement/ sent by ordinary post for information and necessary action.

            Let the order be uploaded in the confonet.