West Bengal

South 24 Parganas

CC/217/2015

Sri Gautam Roy, S/O - Late Matilal Roy. - Complainant(s)

Versus

Hemanta Sarkar, S/O Late Jogesh Chandra Sarkar. - Opp.Party(s)

Amit Kumar Chakraborty.

30 Nov 2015

ORDER

DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , JUDGES’ COURT, ALIPORE KOLKATA-700 027

 

C.C. CASE NO. ___217  OF ___2015____

 

DATE OF FILING : 6.5.2015     DATE OF PASSING JUDGEMENT:_30.11 .2015__

 

Present                        :   President       :   Sri Udayan Mukhopadhyay

 

                                        Member(s)    :  Smt.  Sharmi Basu                                            

 

COMPLAINANT                  :  Sri Goutam Roy,s/o late Matilal Roy of 5A, R.N. Das Road, P.S. Garfa, Kolkata – 31.

 

-VERSUS  -

 

O.P/O.Ps                                :       Hemanta Sarkar,s/o late Jogesh Chandra Sarkar of

                                                       53A, Tanupukur Road, P.S. Garfa, Kolkata – 31.

________________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

 

            Smt. Sharmi Basu, Member

            The petition of complaint made under section 12 of the C.P Act ,1986 has been filed by Subrata Das against the O.Ps on the ground of deficiency in service on the part of  the O.P .

             It is the short case of the complainant that he entered into an agreement for sale on 14.5.2013 with the O.P for purchasing a room in the ground floor measuring 96 sq.ft at 9, Beni Banerjee Avenue, Kolkata – 31, P.S. Garfa at a consdiration of Rs.2,85,000/- . Complainant paid full consideration money and O.P also handed over possession of the room vide possession letter dated 4.10.2013 . But he refused to execute and register the deed of conveyance in favour of the complainant. Several requests for execution and registration of the deed of conveyance to the O.P yielded no result. Hence, this case,praying for exeution and registration of the property in question , cost and compensation.

            Inspite of serving summon upon the O.P he is reluctant to contest the case ,for which the case is proceeding exparte agaisnt him.

After scrutinizing vividly every nook and corner of the instant case and hearing minutely the case of the complainant from her Ld. Advocate, following points are in lime light for consideration:

Points for Decision

1. Whether the complainant is a Consumer or not.
2. Whether there is any deficiency in service on the part of the O.Ps or not.
3. Whether the complainant is eligible to get relief as prayed for partly or fully.

Decision with reasons

Before going  into the merits of the case it is needed to be mentioned here that as the O.P has not cared to appear before this Forum to contradict the allegations raised against him , even after valid service of notice upon him, all the documents and averments of the complainant being unchallenged piece of testimony have been considered as true.

 

It is crystal clear from the record that inspite of paying full  consideration money and having possession of the room, the deed of conveyance in respect of the room in question was not executed and registered by the O.P in the name of the complainant. It is settled principle of law that in case of flat/plot delay to hand over the possession and/or delay to execute and register the deed of conveyance in the name of the complainant in respect of the developed property in question amounts to deficiency in service. Therefore, we have no hesitation to hold that O.P has committed deficiency in service towards the complainant/consumer and is liable to execute and register the deed of conveyance and also liable to pay compensation to the Complainant for his harassment, mental agony and financial loss due to inaction and deficiency in service of the O.P. Therefore, the complainant is a consumer under section 2(1)(d)(ii) of the C.P Act and O.P is  service provider under section 2(1)(o) of the C.P Act and the complainant entitled to get  relief as prayed for.

            It is needed to be mentioned here that Hon’ble National Commission already has been pleased to observe that cause of action shall be continued in case of flat/plot till handing over possession , execution and registration of the deed of conveyance in respect of the suit flat/plot in favour of the complainant . Therefore, instant case is not time barred.

            Thus all the points are discussed in favour of the complainant.

            Hence,

                                                                        Ordered

That the case be and the same is allowed exparte with cost .

The O.P is directed to execute and register the deed of conveyance of the property in question in favour of the complainant as per agreement within 45 days from this date.

The O.P is also directed to pay compensation to the tune of Rs.50,000/- and litigation cost of Rs.5000/- to the complainant within  45 days from this date.

In case of failure to comply the order within the stipulated date, the O.P shall  pay Rs.50/- per diem to the complainant after completion of stipulated period till the date of full compliance of this order in its entirety.

Let a plain copy of judgement be supplied to the parties free of cost as per rule.

 

 

                                    Member                                                           President

 

 

Dictated and corrected by me

 

 

 

                        Member

 

 

 

 

 

 

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

 

 

 

Ordered

That the case be and the same is allowed exparte with cost .

The O.P is directed to execute and register the deed of conveyance of the property in question in favour of the complainant as per agreement within 45 days from this date.

The O.P is also directed to pay compensation to the tune of Rs.50,000/- and litigation cost of Rs.5000/- to the complainant within  45 days from this date.

In case of failure to comply the order within the stipulated date, the O.P shall  pay Rs.50/- per diem to the complainant after completion of stipulated period till the date of full compliance of this order in its entirety.

Let a plain copy of judgement be supplied to the parties free of cost as per rule.

 

 

                                    Member                                                           President