West Bengal

South 24 Parganas

CC/287/2015

1. Sri Arup Kumar Lahiri. S/O - Complainant(s)

Versus

Dulal Chandra Ghosh. S/O - Opp.Party(s)

Monoj Kr. Ghosh.

04 Jan 2016

ORDER

DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 0144

 

      C.C. CASE NO. _287_ OF ___2015__

 

DATE OF FILING : _15.6    .2015__                       DATE OF PASSING JUDGEMENT:  _04.01.2016

 

Present                        :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :    Subrata Sarker

                                                                             

COMPLAINANT             :     1. Sri Arup Kumar Lahiri, s/o Sri Anil Kumar Lahiri

2.  Smt. Purobi Lahiri, w/o Sri Arup Kumar Lahiri ,

Both of 14/1A, K.P. Ray Road, P.S. Dhakuria, Kol- 31.

 

-VERSUS  -

 

O.P/O.Ps                            :    Dulal Chandra Ghosh, s/o Sri Manmatha Nath Ghosh of 17A, Sarat Ghosh Garden Road, P.S. Jadavpur, Kolkata – 31.

 

_______________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

 

Sri Udayan Mukhopadhyay, President          

 

The short case of the complainant is that he has already executed an agreement for sale for 840sq.ft  more or less covered area consisting of 2 bed room, privy, one living cum dining at premises no.17A, Sarat Ghosh Garden Road, Kol-31 being Flat no.3C on 7.11.1991 with the O.P which has been described in Schedule below. He has already paid full consideration money of Rs.4 lacs by cheque and cash and O.P also acknowledged the same . O.P also handed over possession of the flat and complainant is residing there peacefully and mutated his name in the record of KMC and paying taxes. It has alleged that complainant sent a draft copy of deed of conveyance but O.P is avoiding to execute and register the same, for which lawyer’s notice was sent. Hence , this case for registration of the flat in dispute along with litigation ost of Rs. 1 lac etc due to hike of registration charges for the delay of the O.P.

The O.P is not interested to contest the case and hence the case proceeded in exparte because the O.P though appeared through vakalatnama but did not care to file written version.

Point for decision in this case is whether there is any deficiency in service on the part of the O.Ps.

                                                            Decision with reasons

We find that at the time of argument complainant has admitted that Rs.20,000/- is still due but he has got possession . It is well known to us that complainant is a consumer and when the registration has not yet been completed it is the duty of the O.P to execute and register the deed of conveyance positively but he did not do the same. This is nothing but a deficiency in service.

Accordingly, it is

                                                            Ordered

That the case is allowed exparte.

The O.P is directed to execute and register the deed of conveyance in respect of the flat in question in favour of the complainant in terms of the agreement for sale within 30 days from this date, failing which complainant is at liberty to approach before this Forum for appointment of machinery of this Forum for execution and registration of the same .

The O.P is also directed to pay compensation and litigation cost totaling to Rs.1 lac to the complainant within 30 days from this date, failing which interest will carry @9% p.a from the date of this order till its realization.

Let a plain copy of this order be served upon the complainant free of cost and one copy be sent to the O.P through speed post.

 

Member                                                                                                                       President

Dictated and corrected by me

 

                        President

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The judgement in separate sheet is ready and is delivered in open Forum. As it is ,

 

1Ordered

That the case is allowed exparte.

The O.P is directed to execute and register the deed of conveyance in respect of the flat in question in favour of the complainant in terms of the agreement for sale within 30 days from this date, failing which complainant is at liberty to approach before this Forum for appointment of machinery of this Forum for execution and registration of the same .

The O.P is also directed to pay compensation and litigation cost totaling to Rs.1 lac to the complainant within 30 days from this date, failing which interest will carry @9% p.a from the date of this order till its realization.

Let a plain copy of this order be served upon the complainant free of cost and one copy be sent to the O.P through speed post.

 

Member                                                                                                                       President