DATE OF FILING : 13.01.2015.
DATE OF S/R : 26.03.2015.
DATE OF FINAL ORDER : 18.01.2016.
Vimal Kumar Sureka,
son of Sri Om Prakash Sureka,
resident of 281/15/B/6, G.T. Road, Liluah,
old P.S. Bally, new P.S. Belur,
District Howrah,
PIN 711204. ……………..……………………………..…………….. COMPLAINANT.
1. Biswajit Sarkar,
son of late Hiralal Sarkar
of 71/1, Girish Ghosh Road, P.O. Belurmath, P.S. Belur,
District Howrah,
and also at 281/15/B/6, G.T. Road, Liluah,
old P.S. Bally, Belur,
District Howrah,
PIN 711204.
2. Smt. Dipali Ray,
wife of late Santosh Ray,
3. Sri Uttam Ray,
son of late Santosh Ray,
both O.P. Nos. 2 & 3, resident of 281/15/B/6, G.T. Road, Liluah,
old P.S. Bally, new P.S. Belur,
District Howrah,
PIN 711204. …………………………………………......…OPPOSITE PARTIES.
P R E S E N T
Hon’ble President : Shri B. D. Nanda, M.A. ( double ), L.L.M., WBHJS.
Hon’ble Member : Smt. Jhumki Saha.
Hon’ble Member : Shri A.K. Pathak.
F I N A L O R D E R
- Complainant, namely, Vimal Kumar Sureka, by filing a petition U/S 12 of the C. P. Act, 1986 ( as amended up to date ) has prayed for a direction to be given upon the o.ps. to execute and register the sale deed with respect to the suit flat in question in favour of the complainants, to pay Rs. 1,00,000/- as compensation and Rs. 20,000/- as litigation costs along with other relief or reliefs as the Forum may deem fit and proper.
- It is the specific grievance of the complainants that even after receiving a total amount of Rs. 2,78,094/- vide Annexures Agreement cum money receipts out of total consideration price of Rs. 3,55,950/- towards the sale price of flat measuring about 450 sq. ft. ( 2nd floor ) including 13% super built up area, o.p. has failed to execute and register the said flat in favour of the complainants since long. The agreement cum money receipt for sale with respect to the scheduled flat was entered between the complainant and the o.ps. on 20.04.2009 vide Annexures. O.ps. received the amount of Rs. 2,78,094/- from the complainant in respect of the flat in question which is situated at Bally Muicipal Holding No. 281/15/B/6, G.T. Road, Old P.S. Bally, new P.S. Belur, Howrah. But even after passing away the long period the o.ps. did not care to execute and register the sale deed in favour of the complainant. Thereafter in the month of August, 2012 the o.ps. delivered the possession of the said flat in question including other flat nos. 301 & 302 but the conditions of the flats were not habitable and the o.ps. were informed by letter dated 17.09.2012 but the said letter was returned with the postal endorsement “Not claimed”. In the mean time, o.ps. sent a letter dated 13.01.2014 which was wholly based on false pretexts. In reply to the letter dated 13.01.2014 complainant sent a letter dated 20.01.2014 requesting them to execute and register the flats in favour of the complainant upon payment of balance consideration amount but the o.ps. did not pay any heed. Subsequently on 14.07.2014 in presence of both sides an amicable settlement was made and it was decided that the complainant would be paid the balance amount of Rs. 1,11,893/- in respect of three flats and paid Rs. 30,000/- vide cheque no. 038334 dated 14.07.2014. Complainant was ready to pay the balance amount but the o.ps. remained silent. Being frustrated and finding no other alternative complainant filed this instant case with the aforesaid prayers.
- Notices were served. The o.ps. did not appear and file any written version. Accordingly, the case was heard ex parte against the o.ps.
- Two points arose for determination :
- Are there any deficiency in service on the part of the O.Ps. ?
- Whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
- Both the points are taken up together for consideration.. We have carefully gone through the documents filed by the o.ps. and noted its contents. But on perusal of the money receipts duly issued by o.p. on different dates, it is clear that complainant has already paid Rs. 7,50,000/- to the o.p.out of the total consideration amount of Rs. 9,31,500/- towards the purchase price of the schedule mentioned flat in 2010. Even complainant sent letter on 11.5.2013 vide Annexures to o.p. with the same request but the o.p. did not pay any heed to that, thereby caused a severe mental and physical harassment to the complainant. We all know that without registration of the flat, the ownership of the said flat is not created in favour of the complainant. Shelter is a basic need. To run one’s life smoothly, it is the urgent need. By not executing and registering the sale deed, o.p. has shown severe negligence of a great deal which should not be allowed to be perpetuated any more. So we are of candid opinion that it is a fit case where the prayers of the complainant shall be allowed. Points under consideration are accordingly decided.
Hence,
O R D E R E D
That the C. C. Case No. 159 of 2015 ( HDF 159 of 2015 ) be allowed on contest with costs against the O.P.
That the O.P. is directed to executer and register the flat in question in favour of the complainants after receiving the balance consideration amount being ( Rs. 9,31,500 – Rs, 7,50,000/- ) = Rs. 1,81,500/- from the complainants within 30 days from the date of this order i.d., Rs. 50/- per day shall be charged till actual registration. The complainants are to bear the registration costs.
The complainants do get an award of Rs. 20,000/- as compensation toward mental agony and harassment and Rs. 5,000/- as litigation costs and the o.p. is directed to pay the same within 30 days from the date of this order i.d., 8% p.a. interest shall be charged on Rs. 25,000/- till actual payment.
The complainant is at liberty to put the decree into execution after expiry of the appeal period.
Supply the copies of the order to the parties, as per rule.
DICTATED & CORRECTED
BY ME.
( Jhumki Saha)
Member, C.D.R.F., Howrah.
