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 23-04-2004 she entered into an agreement with NImai Chand Bose, deceased proprietor of M/s. N.C. Bose ad Company and booked one flat on the back side of 3^rd floor measuring 600 sq. ft. at 6/1B, Kamardanga Road, P.S. Entally, Kolkata – 46  at the rate of Rs.850/- per sq. ft. which area was extended to 726 sq. ft. for a total consideration 6,17,100/-(Rupees six lakh seventeen thousand one hundred only).  The complainant paid Rs.4,90,000/- in all and, therefore, on 15-07-2008 was handed over possession of the flat.  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), on receipt of the consideration.  It is seen that the complainant paid Rs.4,90,000/-(Rupees four lakh ninety thousand only) out of the total consideration of Rs.6,17,000/- which means that the complainant is still liable to pay Rs.1,27,000/- at the time of registration.  Even so, 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 who shall pay the costs, charges and fees for the process of execution and registration, subject to payment of Rs.1,27,000/-(Rupees one lakh twenty seven thousand only) by the complainant to the OPs.

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.