In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, Kolkata-700087.

CDF/Unit-I/Case No.   221 / 2011.

1)                   Smt. Rita Chatterjee,

27, Bankim Mukherjee Sarani, Kolkata.                                                   ---------- Complainant

---Versus---

1)                   G.D. Properties Ltd.,

8, Madan Street (2^nd Floor), Falt no.9, Kolkata-700072.

2)                   Ashoke Kumar Saraf, Director, G.D. Properties Ltd.,

5/2, Sarat Bose Road, Kolkata-700020.                                                  ---------- Opposite Parties

Present :           Sri Sankar Nath Das, President.

                        Smt. Jhumki Saha, Member.

                        Dr. A. B. Chakraborty, Member

Order No.    1 0    Dated  30/03/2012.

          The petition of complaint u/s 12 of the C.P. Act, 1986 has been filed by Rita Chatterjee against o.ps. for execution of deed of conveyance in respect of his shop.

          The facts of the case, in brief, are that the complainant was the tenant of a shoproom at premises no.187/1 Block-J, New Alipore, Kolkata-53. The property was sold to the o.ps. and the o.ps. accepted the complainant as a tenant.

          O.p. later decided to develop the property by constructing a multi storied multiunit flat and for the purpose the complainant was rehabilitated with compensation of Rs.9000/- per month. Subsequently an agreement was executed between the complainant and the o.ps. to the effect that the complainant tenant will purchase a shoproom measuring 58 sq.ft. on making payment of consideration @ Rs.400/- per sq.ft. The complainant paid Rs.1001/- as advance. Since then no deed of conveyance was registered and executed. The complainant made several requests followed by advocate’s letter dt.21.11.09 but to no effect. Hence the case. 

Decision with reasons: -

We have perused the evidence, BNA and other papers adduced by the complainant and have heard the argument advanced by ld. counsel of the complainant. O.p. did not contest the case. Therefore, the evidence adduced by the complainant has not been rebutted and remained unchallenged testimony and this Forum opines that there is no reason to disbelieve the evidence of the complainant. It is clear from the agreement executed by the parties that the o.p. will execute he register the sale deed at the cost of the complainant and also that the complainant is still willing to pay the balance consideration money. We are of the candid opinion that there is deficiency of service on the part of the o.ps. the service providers and the complainant who is a consumer is entitled to get relief.

Hence, ordered,

          That the petition of complaint is allowed ex parte against o.ps. with cost. O.ps. are directed to execute and register the deed of conveyance in respect of the premises in question within 45 days from the date of communication of this order. The o.ps. are also directed to pay a compensation of Rs.5000/- (Rupees five thousand) only for harassment and mental agony and a litigation cost of Rs.5000/- (Rupees five thousand) only to the complainant within the time specified above, failing which Rs.10,000/- (Rupees ten thousand) only will carry an interest of 9% p.a. till realization.

          The complainant is directed to pay the balance consideration money at the time of registration of the deed of conveyance.

          Supply certified copy of this order to the parties.

   _____Sd-_____                     ____Sd-_____                  _____Sd-_____

     MEMBER                            MEMBER                        PRESIDENT