IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No.CC -119/2015.
Date of Filing: 27.08.2015. Date of Final Order: 29.03.2017.
Complainant: Anindita Bhattacharyya(Nandi), W/O Sanjoy Bhattacharyya,
D/O Dr. Ashok Kumar Nandi, 113, R. N. Tagore Road, P.O. Berhampore,
Dist. Murshidabad. Pin 742101.
-Vs-
Opposite Party: 1. Birangshu Narayan Das Sharma, 2. Subhrangshu Narayan Das Sharma
-both sons of Late Brahma Narayan Das Sharma, owner-cum-Developer.
3. Gobinda Banerjee, S/O Late Nepal Banerjee, Developer
All residing at 84/A, R. N. Tagore Road, P.O.&P.S. Berhampore, Dist. Murshidabad.
4. Deb Narayan Das Sharma, S/O Late Nani Gopal Das Sharma, 84, R.N. Tagore Road,
P.O.&P.S. Berhampore, Dist. Murshidabad.
Present: Sri Anupam Bhattacharyya …………………. President.
Sri Samaresh Kumar Mitra ……………………..Member.
FINAL ORDER
Sri Anupam Bhattacharyya, Presiding Member.
The instant complainant has been filed by the complainant u/s 12 of C. P. Act, 1986 praying for finishing the incomplete work of the Flat and for execution and registration of Sale Deed.
The complainant’s case is that the complainant entered into Deed of Agreement for Sale on 12.2.2013 with OP Developer for purchasing a flat at a consideration money of Rs.17.85 lakhs and paid in total Rs.15.70 lakhs and now the complainant has filed the complaint for finishing the unfinished work of the flat including installation of Lift and for execution and registration of Sale Deed in respect of the impugned flat in favour of the complainant after completing unfinished works mentioned in the complaint petition. Hence, the instant complaint case.
The written version filed by the OP, in brief, is that Flat and Building has already been completed. The Civil Judge (Senior Division) , Berhampore passed an order of ad-interim Injunction. The Opposite Party has already preferred a Misc. Appeal before the District Judge, Murshidabad which is still pending. The Opposite Party is ready to transfer the Flat to the complainant after getting the balance consideration amount and the Service Tax. There is no deficiency in service on the part of the Opposite Party. Hence, the instant written version.
Considering the pleadings of both parties the following points have been raised for the disposal of the case.
Points for Decision.
- Whether the complaint is maintainable in its present form and in law?
- Whether the complainant has locus standi to file the present complaint?
- Whether the complainant is a consumer under the ambit of C.P. Act, 1986?
- Whether the present complaint is barred by law of limitation.
- Whether the complainant is entitled to get relief as prayed for?
- To what other relief/reliefs the complainant is entitled to get?
Decision with reasons.
Point Nos. 1 to 6.
All the points are taken up together for the sake of convenience.
Inspite of giving sufficient opportunities the complainant has neither taken any steps nor adduced any evidence and then this Forum has no other alternative but to take up the case for disposal on merit.
In this case the complainant has filed some documents along with complaint petition at the time of filing the instant complaint but has not filed any vital document namely the document that he is ready and willing to pay the balance consideration money of Rs.2.15 lakhs and there is nothing to show that the OP has violated the terms of the agreement for sale.
Also, in this case there is no prayer to refund of money already paid in advance for cancellation of agreement for sale.
Further, there is no case of the complainant for cancellation of agreement.
On the other hand, it appears from the written version that Civil Suit is pending where injunction order has been passed and Misc . Appeal has been preferred against that Injunction order and OP has got assessment slip for registration where valuation of the flat is Rs.23 lakhs which is beyond pecuniary jurisdiction though the said assessment slip has not come before this Forum .The OP is ready to transfer the flat after getting balance consideration money by execution and registration of sale deed.
From the above facts and circumstances it is clear that there is no iota of evidence that the complainant is ready and willing to pay the balance consideration money. Rather, it is clear that the OP is ready to transfer the flat and as per their averment the flat is complete and they are ready to transfer the flat after getting balance consideration money.
Considering the above discussions as a whole we find that the complainant is entitled to get the flat executed and registered after payment of balance consideration money of Rs.2.15 lakhs and get delivery of flat as per 5th Schedule of the Agreement within two months after getting balance consideration money of Rs.2.15 lakhs.
On the basis of above discussions we find that all the points are disposed of in favour of the complainant in part and as such the complainant is entitled to get the flat executed and registered after payment of balance consideration money of Rs.2.15 lakhs and get delivery of the flat as per 5th Schedule of the Agreement within two months after paying the balance consideration money of Rs.2.15 lakhs.
Hence,
Ordered
that the Consumer Complaint No. 119/2015 be and the same is hereby allowed on merit .
The complainant is directed to pay the balance consideration money of Rs.2.15 lakhs to the OP within two months from receiving this order.
The OPs are directed to deliver possession of the flat in favour of the complainant and to execute and register the Sale Deed in favour of the complainant within two months from the date of receiving the balance consideration money of Rs.2.15 lakhs from the complainant, in default the OP is to pay fine @Rs.50 per days’ delay and the amount so accumulated shall be deposited in the Consumer Legal Aid Account.
Let a plain copy of this order be made available and be supplied free of cost, to each of the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgment / be sent forthwith under ordinary post to the concerned parties as per rules, for information and necessary action.
