In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, Kolkata-700087.

CDF/Unit-I/Case No. 486/ 2009

1)                   Puthenparambil Varghese Samuel,

2)                   Mrs. Lizy Samuel,

Both of 93/4, Karaya Road, P.S. Karaya, Kolkata-19.                                           ---------- Complainant

---Versus---

1)                   Dr. Abhijit Sen,

2)                   Smt. Shipra Sen,

Both  of Nicco House, 2, Hare Street,

P.S.Hare Street, Kolkata-1.  and

27A, Ashutosh Chowdhury Avenue,

Kolkata-19,  P.S. Ballygunge.

3)       Nicco Uco Alliance Credit Ltd.

Nicco House, 2, Hare Street,

P.S.Hare Street, Kolkata-1.                                                                   ---------- Opposite Parties.

Present :           Sri Sankar Nath Das, President.                                                        

                        Dr. Subir Kumar Chaudhuri ,Member

                        Smt. Sharmi Basu ,Member

Order No.   32    Dated  11-02-2013.

            The case of the complainants in short is that complainants were looking for a flat to purchase for their family in a good locality and in such circumstances; the complainants met the o.p. nos.1 and 2 and expressed their desire to purchase a flat. Whereby on the representation of o.p. nos.1 and 2 that leasehold dilapidated flat measuring about 840 sq.ft. bearing flat no.A-5 was available on the 5^th floor situated 93/4, Karaya Road, P.S. Karaya, Kolkata-19.

            On the desire and approach of the complainants in the manner aforesaid the o.p. nos.1 and 2 made the introduction with the o.p. no.3 being the financer in respect of the said flat with the complainants whereby the complainants and o.ps. mutually covenanted declared and agreed upon to execute an agreement for the same.

            Complainants in the manner aforesaid whereby convinced entrusted and satisfied to the earnest representation of the o.ps. entered into an agreement for assignment of lease dt.27.4.02 with o.p. nos.1, 2 and 3 in lieu of the lease hold right of the said flat hereinafter referred to as “the said agreement” measuring about 840 sq.ft. bearing flat no.A-5, 5^th  floor situated 93/4, Karaya Road, P.S. Karaya, Kolkata-19 which is morefully and particularly described in the schedule therein, thereby the o.p. being the financer therein the said agreement as the confirming party being indemnified to secure and/or render financial services to the complainants in regard to and in  accordance with the said agreement.

            Complainants believing and entrusting in such representation made by the o.ps. in the manner aforesaid and acting on the faith thereof, duly accepted the same in good faith, belief and representation of the o.ps. agreeing and abiding the terms and condition s of the said agreement paid Rs.1,20,000/- in Demand Draft being no.144232 dt.26.4.02 in favour of o.p. no.3 drawn on Standard Chartered Grindlays Bank and the balance of Rs.4,80,000/- paid in 60 post dated cheques along with 4% interest thereon being the service charges to render the services under the contract in favour of complainants as per the terms and condition  mentioned therein the said agreement.

            After the agreement for assignment by all the parties and the complainants simultaneously on the  execution of the assignment agreement handed over the said demand draft of Rs.1,20,000/- and 60 post dated cheques of the balance amount along with the interest of 4% to the o.ps. whereby o.ps. handed over the vacant Khas possession of the said flat to the complainants and issued the money receipt for the same.

            Subsequently, the remaining balance of Rs.4,80,000/- along with 4% interest thereon the complainants made payment in respect of the said flat to the o.ps. through cheques and the o.ps. upon receiving the said cheques duly issued a money receipts thereof and the said cheques were also duly encashed by the o.ps.

            o.p. no.3 assured that there shall be no problem in execution of the deed of lease after payment of the entire consideration amount in the manner aforesaid in respect of and in accordance with the said agreement and on such representation, the complainants believing the same and on entrusting on the registered deed of lease in as much as there were no response from o.ps. to the complainants even after completion and/or payment of the entire consideration amount along with the payment of all previous dues of the o.p. nos.1 and 2 in regard to the municipal taxes in respect of the said flat and also the payment of the present rates, taxes and impositions of KMC upto date by the complainants whereby requesting the o.p. no.3 to arrange for the execution and registration of the deed of lease thereby transferring the leasehold right in favour of the complainants from o.p. nos.1 and 2 as the same was and/or is being indemnified and/or secured in lieu of the financial service rendered by o.p. no.3.

            Complainants requested several time through letter and through phone to the o.ps. to execute the registered deed of lease, in respect of the said flat as per the terms and conditions of the said agreement but o.ps. evading and avoiding and being reluctant to register the deed of lease for the reasons best known to the o.ps.

            Complainants seeking no other alternative being compelled and constrained issued legal notice dt.8.7.09 upon the o.ps. through their ld. advocate. The o.ps. deliberately failed and neglected whereby dorged and dribbled to execute the registered deed of lease in terms of the said agreement. Hence the case was filed by complainant with the prayer contained in the petition of complaint.

            O.ps. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.ps. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.

 Decision with reasons:

            We have gone through the pleadings of the parties, evidence and documents in particular and we find that the complainants were in search of a flat to purchase for their family and complainants expressed their desire to purchase a flat and on the representation of o.p. nos.1 and 2 being the lease hold dilapidated flat of 840 sq.ft. bearing flat no.A-5 was available on the 5^th floor situated at 93/4, Karaya Road, P.S. Karaya, Kolkata-19 and complainants being convinced and satisfied paid the entire consideration sum and despite the same the said flat was not being registered by o.ps. and on being dissatisfied by the action of o.ps., the complainants sent legal notice on 8.7.07 by regd. post with a/d and o.ps. replied on 15.7.09.

            On perusal of the entire materials on record we are of the views that the actions on the part of o.ps. amount to deficiency in service being service provider to their consumers / complainants and complainants are entitled to relief.

            Hence, ordered,

            That the case is allowed on contest with cost against all the o.ps. O.ps. are jointly and/or severally directed to complete and/or perform the registration in respect of deed of lease in accordance with the lease hold right in terms of agreement dt.27.4.02 in respect of the said flat in favour of the complainants and are further directed to pay compensation of Rs.40,000/- (Rupees forty thousand) only for harassment and mental agony and litigation cost of Rs.10,000/- (Rupees ten thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% shall accrue over the entire sum due to the credit of the complainant till full realization.

            Complainant is at liberty to file execution case before this Forum in case of non execution of the aforesaid order in its entirety within the stipulated period under the provision of the COPRA, 1986.

            Supply certified copy of this order to the parties free of cost.