Date of filing :10.10.2018

Judgment : Dt.22.7.2019

Mrs. Sashi Kala Basu, Hon’ble President

          This complaint  is filed by the complainant namely Mrs. Suchitra Chatterje  under Section  12  of the Consumer Protection Act against Gourav Vyapaar Pvt. Limited   represented by its  Directors namely Shri Pawan Agarwal and Sri Manish Todi  alleging deficiency in  rendering service  on their part.

          Case of the complainant in short is that Opposite Party purchased a plot of land measuring area about 2 bigha 11 cottaha 3 chitaks  22.5  sq.ft. being the Plot No. 138 and 139  situated  in Mouza – Khanpur  within  Tollygunge Police Station, in the year  2001 by a deed of conveyance  dated 30.08.2001 from its erstwhile owner. OP raised  thereafter  5 storied building  after getting sanctioned plan  and during the construction she entered into  an agreement with the complainant to sell a self–contained  flat being flat no. 4J, on the 4^th floor along with the car parking space described  in the  Schedule  ‘B’  of the agreement for sale dated 17.02.2004, at a total consideration  price  of Rs. 10,50,000/-. The possession of the flat was handed over to the complainant by a possession letter dated 19.10.2004. OP’s also sent a letter dated 19.10.2004 enclosing draft deed of conveyance  in respect of the flat  and car parking space  stating that the registration  be completed  within  18.10.2005. Complainant intimated that the registration will be completed in the month of August, 2005 but since  from the month of April, 2005 OP shifted their registered office  elsewhere and so complainant could not  trace out the whereabouts  of the OP. It is only in  month of August, 2018 complainant could contact one of the Director namely Manish Todi and requested him for registration of the deed of conveyance but they refused to execute and register the deed on the ground that the office of the OP was closed and all the papers destroyed. So, the complainant sent a notice through  her Ld. Advocate and thereafter filed  the present complaint praying for direction  upon the OP for execution and registration  of the deed of conveyance, to handover  the copy of the Completion Certificate, to pay compensation of Rs. 4,00,000/- and litigation cost o Rs. 50,000/-.

          Complainant has annexed with the complaint petition.  Copy of the agreement entered into between the parties dated 17.02.2004.  Copy of the receipts showing payment of the amount, letters sent by the OP on 05.10.2004, 19.10.2004 and also letter regarding delivery of possession dated 19.10.2004.

          On perusal of the record it appears that in spite of sending of the notice, OP did not take any step and so vide order dated  30.01.2019, case came up for exparte hearing.

          So, only  point requires determination is :-

          Whether the complainant is entitled to relief as prayed for ?

Decision with reasons

          In support of her claim that she purchased the flat being flat no. 4J on the 4^th floor consisting super built up area of 983 sq.ft. more or less and a car parking space  on the ground floor and she has paid  entire consideration  amount of Rs. 10,50,000/-, Complainant has filed the copy of the agreement and receipts showing payment by her. She has claimed that she has also paid further amount of Rs. 50,000/- for covered parking space, Rs. 12,000/- towards the cost of CESC transformer and common meter and Rs. 8847/- towards common expences. So, according to her she  has paid  total amount of Rs. 11,20,847/-. The payment has been made by the complainant is also evident from  the copy of the letter dated 19.10.2004 sent by the OP to the complainant stating about delivery of possession. So the letter suggests that on receipt of the entire consideration price, the flat in question being no. 4J, on 4^th floor along with one car parking space at Premises no. 207, N. S.C.Bose Road was delivered to the complainant. The only contention which has been raised by the complainant is that the OP have not executed and registered the deed of conveyance but from the documents filed by complainant herself it appears that along with a letter dated 19.10.2004 OP has sent a draft copy of the deed of conveyance  to the complainant which indicates that O.P  took necessary step  for registration   of the deed of conveyance  in favour of the complainant by sending the said draft deed of conveyance. However, according to the complainant,  she had intimated   to  complete  the registration by August, 2005  but since  April, 2005 whereabouts of OP  was not known. In this context, it may be mentioned here   that it is strange that according to the complainant since April, 2005 OPs were not there but why she waited till 2018 has not been explained by her. Bonafideness of the OP is evident from the own document of the complainant that they sent draft deed of conveyance. So, it was the duty of the complainant to take step for registration of the deed at earliest. So, there appears   some latches also on the part of the complainant as she remained silent for many years and only in 2018, she filed this complaint. So, on this ground we do not find any justification to allow compensation. However, she is entitled to execution and registration of the deed of conveyance in respect of the said flat as prayed and copy of Completion Certificate.

Hence,

                                             Ordered

          CC/600/2018 is allowed exparte. OP is directed to execute and register the deed of conveyance  in respect of the flat as agreed in the agreement dated 17.02.2004 in favour of the complainant within two months from the date of this order and to handover the copy of the Completion Certificate in respect of the said building to the complainant. OP shall also pay Rs.12,000/- as litigation  cost to the complainant within the aforesaid period of two months.