IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
MURSHIDABAD AT BERHAMPORE.
CASE No. CC /92/2015.
Date of Filing: 17.07.2015. Date of Final Order: 14.12.2016.
Complainant: Prasenjit Bhattacharyya. S/o Late Nikhil Bhattacharyya, Manindra Nagar,
P.O. Cossimbazar, Dist. Murshidabad.
-Vs-
Opposite Party: G.C.S.S. Construction Company, A Proprietorship Firm Represnted by:
- Udita Ghatak(Minor), Represented by Mother & Self.
- Nibedita Ghatak, W/O Late Uttam Ghatak,
- Usha Rani Ghatak, W/O Bhabani Prosad Ghatak, all of
82, Pilkhana Road, P.O.&P.O. Berhampore, Dist. Murshidabad. Pin 742101.
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 delivery of possession of complete flat and for execution and registration of the Sale Deed of the said flat by the OP.
The complaint’s case, in brief, is that an agreement for sale of the case flat was executed on 18.01.12 at consideration money of Rs.11.49 lakhs and possession of the flat would be delivered within 8 months (18.7.2013). The complainant paid the entire consideration money and also paid money for extra work. The OP has failed to deliver possession of the flat being the work of the flat is incomplete. Inspite of request on several times the OP has neither delivered possession nor executed and registered the sale deed of the flat in favour of the complaint and for such deficiency in service in the complainant has filed this complaint.
The written version filed by the OP, in brief, is that the complainant has made breach of agreement for nonpayment of balance consideration money of Rs.1.65 lakh and electric augmentation charges and extra work and for such breach of agreement the complainant has forfeited the right of purchase of the impugned flat and for that he is not entitled to get the order for execution and registration of the sale deed and delivery of possession of the impugned flat in his favour. The complainant is liable to be rejected. Hence, the instant written version.
Considering the pleadings of both sides, the following points have been raised for the disposal of the case.
Point for Consideration
- Whether the case is maintainable in law and in fact?
- Whether the case is barred principle of waiver, estoppels and acquiescence?
- Whether the case is barred by limitation?
- Whether the Forum has pecuniary jurisdiction to try this case?
- Whether the complainant is entitled to get relief as prayed for?
- To what other relief/reliefs the complainant is entitled?
Decision with Reasons.
Point Nos. 1 to 6.
All the points are taken up together for the convenience.
The instant complaint is fore execution, registration and delivery of possession of the flat.
The complainant’s case, in brief, is that inspite of payment of entire consideration money plus money for extra work the OP has neither delivered possession nor executed and registered sale deed in respect of the impugned flat in favour of the complainant.
On the other hand the OP’s case is that the complainant has made breach of agreement for nonpayment of balance consideration money of Rs.1.65 lakh and electric augmentation charges and extra work and for such breach of agreement the complainant has forfeited the right of purchase of the impugned flat and for that he is not entitled to get the order for execution and registration of the sale deed and delivery of possession of the impugned flat in his favour.
Sufficient opportunities were given to the OPs for hearing argument but none tuned up. Then the case is taken up for disposal against OPs on merit.
To prove the case the complainant has adduced evidence-on-affidavit and the relevant documents including money receipts and agreement from sale.
Admittedly, as per agreement for sale the consideration money is Rs.11.49 Lakhs.
From the receipts filed it is clear that the complaint has already paid Rs.9.85 Lakhs forwards consideration money and Rs.21,000/- paid on 22.9.12 for electrical transformer purpose and Rs.1.60 Lakh for registration purpose on 06.10.2013.
From, the above receipts it is clear that the complainant in total paid Rs.11.66 lakhs to the OP which is more than consideration.
After deducting the admitted consideration money of Rs.11.49 lakh the complaint has paid Rs.17000/- in excess which will be adjusted from the money paid for electrical purpose.
Thus, for electrical purpose the complainant is to be paid Rs.4, 000/- after registration and before delivery of possession and the complainant is also to bear the registration charges.
Considering the above discussions as a whole all the points are disposed of in favour of the complainant and as such the complaint be allowed in favour of the complainant for execution and registration of the Sale Deed in respect of the impugned flat and delivery of possession of the said flat on condition that the complainant is to bear the registration charges and to pay Rs.4, 000/- towards electrical charges before taking delivery of possession of the flat.
Hence,
Ordered
that the Consumer Complaint No. 92/2015 be and the same is allowed on contest in part on merit.
The OPs are directed to execute and to make registration of the Sale Deed in respect of the impugned flat and delivery of possession of the said flat within 20 days from the date of approach of the complainant for the same, on condition that the complainant is to bear the registration charges and to pay Rs.4, 000/- towards electrical charges before taking delivery of possession of the flat.
The complainant is directed to approach the OP for execution & registration of Sale Deed and for delivery of possession of the impugned flat following the above condition.
In default, the OPs are to pay Rs.50/- as fine for each 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
