Order-12.

Date-27/12/2011.

This is an application u/s.12 of the C.P. Act, 1986 alleging deficiency of service of the OPs.

            The case of the complainant is that on 12-03-2004 he entered into an agreement with Nimai Chand Bose, deceased proprietor of M/s. N.C. Bose and Company and booked one flat on the front side of 2^nd floor measuring 600 sq. ft. at 6/1B, Kamardanga Road, P.S. Entally, Kolkata – 46 @Rs.800/- per sq. ft. which area was extended to 704 sq. ft. for a total consideration 5,63,200/-(Rupees five lakh sixty three thousand two hundred only).  The complainant paid the entire sum, and no due certificate was issued by the said proprietor on 31-07-2007.  The flat in question was delivered and possession handed over to the complainant on 08-11-2008.  The erstwhile promoter Nimai Chand Bose died on 08-01-2009. Although he fixed several dates for execution and registration of the deed of conveyance in favour of the complainant, he did not do so.  The present OPs are the successors and legal heirs of Late Nimai Chand Bose.  They were approached for getting the flat registered and then were sent a legal notice but while replying to the letter the present OPs did not execute and register the deed of conveyance.  Hence, the complaint, praying for directions on the OPs:

1. to execute and register the deed of conveyance;
2. to pay compensation of Rs.50,000/- for causing harassment; and
3. to pay the cost of the litigation.

Despite due service of notice, the OPs did not choose to contest the case.

The point for consideration is whether the complainant is entitled to the reliefs as prayed for.

Decision with Reasons

The complainant entered into an agreement with Nimai Chand Bose, the predecessor-in-interest of the OPs, for purchase of the flat.  Nimai Chand Bose, since deceased, undertook to provide the service on receipt of the consideration money.  Thus, the complainant was a consumer u/s.2(1)(d) read with Section 2(1)(o) of the C.P. Act, the developer (housing construction), the service provider,

            It is found that the developer was under the obligation of executing and registering the deed of conveyance in favour of the purchaser (vide clause 5 of the agreement).  It appears that the developer or his successors-in-interest have not done so as yet.  Clearly, therefore, the OPs are liable for deficiency in service.

            Non-registration of the transfer is a continuing cause of action and the present complaint cannot be said to be time-barred.

            Thus, the complaint succeeds.  Hence,

Ordered

That the complaint is allowed ex parte against all the OPs with costs of Rs.1,000/-(Rupees one thousand only).

            The OPs are directed to execute and register the deed of conveyance in favour of the complainant within 30(thirty) days from the date of handover of the draft deed by the complainant and payment of requisite costs, charges and fees for the said process. 

The OPs are further directed to pay, severally and jointly, Rs.5,000/-(Rupees five thousand only) to the complainant as compensation for the harassment and mental agony within 30(thirty) days from the date of communication of this order.

Let copies be supplied to the parties as per rules.