DATE OF FILING : 12-03-2014.
DATE OF S/R : 14-05-2015.
DATE OF FINAL ORDER : 05-10-2015.
Smt. Ranjana Chatterjee,
wife of Sriman Chatterjee,
resident of 3/1, Ambika Kundu Lane, P.O. Santragachi,
District Howrah,
PIN 711101. . ……….. ……..………….…………………... COMPLAINANT.
1. ICICI Bank Ltd.,
having its registered office at
Landmark Race Course Circle,
Vadodara 390007.
2. ICICI Bank Ltd.,
having its corporate office at
ICICI Bank Towers, Bandra Kurla Complex,
Mumbai 400 051.
3. The Manager,
ICICI Bank Ltd.,
4th floor, Land Mark Building,
20, A.J.C. Bose Road,
Kolkata 700 020.
4. Smt. Runa Lahiri,
wife and legal heir of late Rathindra Prosad Lahiri,
5. Smt. Karabi Lahiri,
6(a) Sri Subir Chakraborty,
son of late Saradindu Chakraborty & legal heir
of late Chabi Chakraborty,
6(b) Smt. Debjani Bhatacharya,
wife of Nirmal Kumar Bhattachariya and
daughter of late Saradindu Chakraborty,
both resident of 7/4, Telco Colony,
Jamesdpur 831004.
7. Tapasi Chowdhury,
wife of Amitava Chowdhury,
nos. 4, 5 and 7 all of A.T. Ghosh Road,
P.O. G. I.P. Colony, P.S. Jagacha,
District Howrah,
PIN 711112.
8. M/S. Creative,
a partnership firm,
having its registered office at
49, Kali Prosad Banerjee Lane, P.S. Bantra,
District Howrah,
PIN 711101.
being represented by its partners’
- Sri Jyotirmoy Roy,
son of late Ajit KumarRoy,
- Mr. Subrata Karar,
son of late Gopinath Karar
P R E S E N T
Hon’ble President : Shri B. D. Nanda, M.A. ( double ), L.L.M., WBHJS.
Hon’ble Member : Smt. Jhumki Saha.
Hon’ble Member : Shri A.K. Pathak.
F I N A L O R D E R
- The instant case was filed by complainant U/S 12 of the C.P. Act, 1986 wherein the complainant has prayed for a direction to be given upon the o.p. nos. 4 to 8 to execute and register the sale deed in respect of the schedule flat, a direction upon the o.p. nos. 1 to 3 to change the EMIs as per the agreement between her and the o.p. nos. 1 to 3, Bank, and to pay compensation of Rs. 5 lacs and litigation costs of Rs. 10,000/- along with other relief/s as the Forum may deem fit and proper.
- It is the case of the complainant that an agreement for sale was entered between the complainant and the o.p. no. 4 to 8 on 13th day of March, 2003 with respect to a flat measuring 750 sq. ft. ( approx., including 15% super built ) @ Rs. 650/- per sq. ft. in the ground floor, south-east side, for a total consideration amount of Rs. 4,87,500/- for which complainant took a loan of Rs. 4,15,000/- from the o.p. nos. 1 to 3. It was also agreed that the flat would be delivered within 10 months from the date of agreement and the total consideration amount have also been paid to the o.p. nos. 4 to 8 by the complainant. But o.p. nos. 4 to 8 have neglected to execute and register the sale deed in favour of the complainant till the filing of this case. Also it is alleged by the complainant that o.p. nos. 1 to 3 whimsically and arbitrarily extended the tenure of loan repayment from 180 to 315 with the increased of amount of EMI. The complainant wrote several letters to the o.ps. but no fruitful result came out. . Being frustrated and finding no other alternative complainant filed this instant case.
- Notices were served upon the o.ps. They appeared and filed written version. So the case was heard on contest.
4. Upon pleading of the parties two points arose for determination :
i) Is there any deficiency in service on the part of the O.Ps. ?
- Whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
- Both the points are taken up together for consideration. It appears from the Annexures i.e., Agreement for sale that the complainant entered into an agreement for purchase of the flat in question 750 sq. ft. ( approx., including 15% super built ) @ Rs. 650/- per sq. ft. in the ground floor, south-east side, for a total consideration amount of Rs. 4,87,500/- which he paid in total. The o.p. nos. 7 & 8 by filing the written version have accepted the payment of consideration amount for the flat in question made by the complainant. And they have no difficulty to execute and register the deed in favour of the complainant. Although they have delivered the possession of the flat in question to the complainant, the execution and registration of the sale deed could not be completed as different unhappy incidence cropped up by way of death of landlord or otherwise. More particularly, after the death of Chabi Chakraborty and Rathindra Prasad Lahiri, their legal heirs and other owners like Karabi Lahiri and Tapasi Chowdhury did not execute the power of attorney in favour of the o.p. nos. 7 & 8. But complainant has been residing in the schedule flat for last 10 years with her family members. So it is submitted that there is no deficiency on the part of the o.p. nos. 7 & 8 being developer. With respect to the allegations made out by the complainant against the o.p. nos. 1 to 3, the matter has been settled by way of making payment of the entire loan amount by the complainant vide Annexure letter dated 28.05.2014 with respect to the loan account no. LBCAL00000372677. But o.p. nos. 1 to 3 have not yet provided ‘NOC’ to the complainant till date. Complainant has filed all possible documents in favour of her claim for execution and registration of the sale deed. And it is easily understood that without the proper registered sale deed, complainant is to face several problems. However, o.ps. are willing to execute and register the sale deed in favour of the complainant. And we are of the candid opinion that it is a fit case where the prayers of the complainant should be allowed. Points under consideration are accordingly decided.
Hence,
O R D E R E D
That the C. C. Case No. 138 of 2014 ( HDF 138 of 2014 ) be and the same is allowed on contest with costs as against the O.Ps.
The O.P. nos. 4 to 8 be directed to execute and register the deed of sale in favour of the complainant with respect to the flat in question within 30 days from the date of this order i.d., Rs. 50/- per day shall be imposed upon the o.p. no. 4 to 8 till actual execution and registration of the sale deed. The complainant is to bear the cost of registration.
The o.p. nos. 1 to 3 are directed to provide ‘NOC’ with respect loan agreement in question to the complainant within 30 days from the date of this order i.d., Rs. 50/- per day shall be imposed upon the o.p. no. 1 to 3 till the supply of ‘NOC’.
The o.p. nos. 4 to 8 do further pay a sum of Rs. 20,000/- as compensation to the complainant and Rs. 5,000/- as litigation costs within 30 days from the date of this order i.d. @ 9% interest shall be charged till realization.
The complainant is at liberty to put the decree into execution after expiry of the appeal period.
Supply the copies of the order to the parties, as per rule.
DICTATED & CORRECTED
BY ME.
( Jhumki Saha )
Member, C.D.R.F., Howrah.
