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.368/2011.
1) Sri Gopal Prasad Gupta,
42/A, Tangra Road, Kolkata-15 and
39C, Pulin Khatick Road,
Kolkata-15, P.S. Tangra. ---------- Complainant
---Versus---
1) Sri Ashomoy Hazra,
39C, Pulin Khatick Road,
P.S. Tangra. Kolkata-15, ---------- Opposite Party
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Samiksha Bhattacharya, Member
Order No. 20 Dated 30-10-2013.
We have gone through the pleadings of the parties, evidence and documents in particular and we find that o.p. is an owner vendor in respect of the premises no.39C, Pulin Khatick Road, P.S. Tangra, Kolkata-15. On 15.3.07 o.p. executed such agreement with the complainant to sell the flat measuring a total area of 660 s.q.ft. including super built area @ Rs.1000/- per sq.ft. for which the complainant paid to o.p. a sum of Rs.6,30,000/- as per signed / acknowledgement receipt of payment.
All the cheques were issued from the Syndicate Bank, Dharmatola Branch, Kolkata of the complainant. O.p. also gave possession of the flat measuring 612 sq.ft. to the complainant on 24.8.09, which is violation of agreement for total area of 660 sq.ft. with the complainant. Though o.p. took full consideration money for the total area of 660 sq.ft. from the complainant as per sale agreement dt.15.3.07. In such circumstance o.p. is entitled to get Rs.6,12,000/- for the flat of 612 sq.ft. from the complainant, as such, the complainant has paid the o.p. excess amount of Rs.18,000/- which the o.p. is liable to refund to the complainant with interest at commercial rate @ 18% per annum.
Thereafter, the complainant on several occasions requested the o.p. to execute and register the sale deed as per sale agreement dt.15.3.07, as the complainant has already paid the o.p. full consideration money and even excess payment of money of Rs.18,000/- as stated hereinabove. The complainant also sent draft sale deed to o.p. for approval and execution of sale deed in favour of the complainant. The matter is pending since long, the o.p. always avoided to execute the sale deed on various pretext or otherwise. Due to o.p’s non co-operation and avoiding tendency for executing the sale deed in favour of the complainant, the complainant has suffered irreparable loss and injury. Hence the case was filed by the complainant with the prayer contained in the petition of complaint, but he has failed to substantiate that he has obtained less area in the flat with that of the area which has been executed in the agreement.
O.p. had entered his appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.p. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.
Decision with reasons:
In view of the findings above and on perusal of the entire materials on record we find that o.p. had sufficient deficiencies in service being service providers to their consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the case is allowed on contest with cost against the o.p. O.p. is directed to execute and register the deed of conveyance in respect of the flat in question as schedule in the petition of complaint in favour of the complainant and is further directed to pay to the complainant compensation of Rs.30,000/- (Rupees thirty thousand) only for 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 @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
