IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No.CC/89/2015.
Date of Filing: 14.07.2015. Date of Final Order: 10.01.2017.
Complainant: Sri Mukesh Kheria S/O Sri Shantilal Kheria, 58/60, Netaji Road, P.O. Khagra,
P.S,Berhampore, Dist. Murshidabad. Pin 742103.
-Vs-
Opposite Party: Dakshina Ranjan Roychowdhury, S/O Late Pratibha Ranjan Roychowdhury.
No.3, Baithak Khana Lane, P.O. Khagra, P.S. Berhampore,
Dist. Murshidabad, Pin 742103.
Present: Sri Anupam Bhattacharyya …………………. President.
Smt. Pranati Ali ……….……………….……………. Member
FINAL ORDER
Sri Anupam Bhattacharyya, Presiding Member.
The instant complaint has been filed by the complainant u/s 12 of C. P. Act, 1986 praying for execution and registration of the Sale Deed in respect of the impugned shop and Rs. 50,000/- for harassment cost and Rs.50,000/- for mental pain and agony.
The case of the complainant, in brief, is that he entered into an agreement with the OP on 07.01.2015 for transferring a shop room bearing No.3 (South Facing) Block-A on the Ground Floor measuring 121 Sq.ft covered area of the G+3 storyed building name “Nilanjana, appertaining the holding No.3 Baithak Khana Lane under Berhampore Municipality at a consideration money of Rs.4, 25,000/-. It was also agreed that within 45 days from the date of agreement the OP will execute and register the Deed in respect of the said shop room in favour of the complainant but the same not was performed by the OP inspite of repeated demands and finally on 25.5.15 the OP refused to execute and register the said Sale Deed and ultimately inspite of Advocate’s notice dt. 29.5.15 the OP expressed his unwillingness to execute and register the said Sale Deed where the consideration money was already paid to the OP by the complainant. Being aggrieved by the complainant has filed this case for relief. Hence, the instant complainant’s case.
The written version filed by the OP, in brief, is that the OP has denied the allegations of the complaint as to his unwillingness for execution and registration of alleged Sale Deed. The complainant refused the terms and conditions of the Sale deed to meet expenses for the cost of registration of the impugned Sale Deed and ultimately refused to purchase the said property from the OP. The complainant made false allegation against the OP. The complainant did not turn up within 45 days to the OP and there is no deficiency on the part of the OP. The complainant is not legally entitled to get any relief for registration of the same. The complainant was not ready and willing for registration of the said Sale Deed and for that the complaint is liable to be rejected. Hence, the instant written version.
Points for consideration.
Considering the pleadings of both sides the following points have been arrayed for the disposal of the case.
Point Nos.
- Whether the complaint is maintainable in its present form and in law?
- Whether the complainant has locus standi to file the present case?
- Whether the complaint is barred by law of limitation?
- Whether the Forum has jurisdiction to try this case as per C.P. Act?
- 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.
In this case the complainant has not filed any evidence inspite of giving his sufficient opportunities. But he has filed all the relevant documents to this case at the time of filing the complaint.
At the time hearing argument both parties were present and heard argument of both sides. In this case the prayer of the complainant is only for execution and registration of the Sale Deed in respect of the shop room as described in the petition of complaint.
The dispute is only for payment of registration charge and other charges for purpose of execution and registration of the impugned sale deed in respect of the shop room. There is no dispute as to payment of consideration money.
Further, at the time of hearing argument Ld. Lawyer for the complainant has not raised any objection as to the cost of registration to be borne by the complainant and other charges for the purpose of registration of the said Sale Deed.
We also find from the document already filed at the time of final argument that the complainant has paid consideration money against the receipt of the OP and also there is no dispute regarding payment of consideration money.
Considering the above discussions as a whole, we find that the complainant is entitled to get relief for execution and registration of the impugned Sale Deed in favour of the complainant in respect of shop room as claimed in the complaint petition subject to payment of cost of registration and other charges for the purpose of execution and registration of the said Sale Deed and the complainant to meet the OP for that purpose as early as possible.
On the basis of the above discussion as a whole we find that all the points are disposed in favour of the complainant in part and as such the complainant will get relief as to execution and registration of the impugned Sale Deed in respect of the shop room subject to payment of cost of registration fee and other charges for the execution and registration of the same and he is to meet the OP for that purpose.
Hence,
Ordered
that the Consumer Complaint No. 89/2015 be and the same is hereby allowed on contest but in part.
The OP is directed to execute and register the Sale Deed in respect of the impugned shop room in favour of the complainant within 30 days from the date of approach by the complainant for this purpose and subject to payment of cost of registration for the purpose and all other costs by the complainant.
In default, the OP is to pay Rs.50/- as fine for day’s 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.
Member President
