In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, Kolkata-700087.

CDF/Unit-I/Case No. 50/2012

1)                   Seikh Saiful,

49, Prince Rahimuddin Lane, Kolkata-33,  P.S. Tollygunge.                                   ---------- Complainant

---Versus---

1)                   Gautam Banerjee,

39, Prince Rahimuddin Lane, Kolkata-33,  P.S. Tollygunge.                      

2)       Sandhya Banerjee,

39E, Prince Rahimuddin Lane, Kolkata-33,  P.S. Tollygunge.

3)       Kamala Paul,

4)       Chandranath Paul,

5)       Indranath Paul,

6)       Bikash Kumar Paul,

7)       Ratna Dhar (Paul)

All of 11/B, Prince Rahimuddin Lane, Kolkata-33,  P.S. Tollygunge.                  ---------- Opposite Parties

Present :           Sri Sankar Nath Das, President.

                        Dr. Subir Kumar Chaudhuri, Member

                        Smt. Sharmi Basu, Member

Order No.   10    Dated  20-12-2012.

Sharmi Basu, Member.

            The petition of complaint has been filed by the complainant Seikh Saiful against the o.ps. Gautam Banerjee and others. The case of the complainant in short is that complainant has entered into an agreement for sale with the o.p. no.1 on 19.4.94, where o.p. nos.1 and 2 were developers and o.p. nos.3 to 7 were landowners, for total considered amount of Rs.2,80,000/- and total consideration amount was paid by the complainant to the developers (o.p. nos.1 and 2) through several installment, but due to inaction of o.ps. deed of conveyance of the suit flat has not been registered in the name of the complainant even after his repeated requests. Hence, the complainant has no alternative but to file the instant case before this Forum for redressal of his dispute and he has prayed for relief as mentioned in the complaint petition.

            O.ps. did not contest this case by filing w/v and matter has been heard ex parte against them.

Decision with reasons:

            We have gone through the pleadings of the complainant, evidence and documents in particular and as none of the o.ps. has appeared before this Forum even after valid and proper intimation to all of them the instant case is heard ex parte against all the o.ps. and all the documents filed by the complainant have been unchallenged testimony and after considering four corners of the case of  the complainant we have considered every contention and unchallenged evidence of the complainant as true and valid.

            Before going to the merit of the case it is needed to be mentioned that Hon’ble National Commission has been pleased to observe in several cases that in case of developed plot or flat, cause of action will be continued till the deed of conveyance of suit property has been executed and registered in the name of the complainant. Therefore, in the instant case question of ‘limitation’ does not arise. After scrutinizing the complaint, evidence and all other documents brought before this Forum by the complainant, we are of the opinion that the non-execution of deed of conveyance of the suit flat in favour of the complainant by the o.ps. is unjustified and illegal and the o.ps. are liable to for deficiency in rendering service to their consumer / complainant. It is beyond doubt that for this inaction of the o.ps. complainant h as to suffer tremendous mental agony and huge financial loss and he has to b ear higher valued stamp duty at the time of registration of the flat in question and complainant is eligible to get relief as prayed for.

            Hence, ordered,

            That the instant case of the complainant is allowed ex parte with cost against all the o.ps. All the o.ps. are jointly and/or severally directed to execute and register the deed of conveyance of the suit flat in question in favour of the complainant. O.p. nos.1 and 2 are jointly and/or severally directed to pay compensation in the tune of Rs.50,000/- (Rupees fifty thousand) only to the complainant for his mental agony and financial loss due to inaction and deficiency in service of o.p. nos.1 an 2 even after receiving total consideration amount of the suit flat from the complainant and to pay Rs.5000/- (Rupees five thousand) only to the complainant as litigation cost. All the above orders should be complied with within 45 days from the date of communication of this order, failing which each o.p. has to pay Rs.20/- (Rupees twenty) only per day after the 46^th day after the date of communication of this order till the date of full and final compliance of this order.  

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