West Bengal

South 24 Parganas

CC/246/2015

Rajat Kumar Roy, S/O Late Paresh Chandra Roy. - Complainant(s)

Versus

Indrani Dhar, S/O Late Narendra Nath Dhar. - Opp.Party(s)

Dheman Roy.

24 Nov 2015

ORDER

DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 0144

 

      C.C. CASE NO. _246_ OF ___2015__

 

DATE OF FILING : 27.5.2015                     DATE OF PASSING JUDGEMENT:  24.11.2015

 

Present                        :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :    Mrs. Sharmi Basu

                                                                             

COMPLAINANT             : Rajat Kumar Roy,s/o late Paresh Chandra Roy of A-8/16, Satyen Park, Joka, Kolkata – 164. P.S. Haridevpur.

 

-VERSUS  -

 

O.P/O.Ps                            : Indrani Dhar, s/o late Narendra Nath Dhar, 88/6, Roy Bahadur Road, P.S. Behala, Kolkata – 34.

 

_______________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

 

Sri Udayan Mukhopadhyay, President          

This is an application under section 12 of the C.P Act, 1986.

It is the short case of the complainant that he wants to purchase a flat measuring 690 sq.ft super built up area  being Flat no.C1 on the second floor in the south east portion at Diamond Park, Thakurpukur from the developer M/s Rak Associates. It has further stated that the consideration money was Rs.6,75,000/- and registered agreement for sale was executed by the owners and developer in favour of the purchaser i.e. the complainant and complainant had paid full agreed money towards the sale proceeds . The developer already delivered possession of the said flat after receiving entire consideration money vide possession letter dated 18.3.2005). But the owners of the flat although duty bound to execute the sale deed ,  did not comply the same. The land owners inspite of several requests refused registration in favour of the complainant, that is why this case has been filed only against the land owner since he has no allegation against the developer except the developer should be present at the time of registration as a confirming party.

It appears that summon was served but O.P did not turn up . Hence the case is taken up for exparte hearing.

Points for consideration is whether the landlord O.P was negligent to execute and register the deed of conveyance which amounts to deficiency in service.

                                                Decision with reasons

Admittedly it transpires from the possession letter dated 18.3.2005 that possession was delivered by Koushik Chowdhury, one of the partners of M/s RAK Associates and from the series of money receipts it transpires that the entire consideration money of Rs.6,75,000/- has already been paid by the developer vide receipt no. 208 dated 18.3.2005 , no.119 dt. 23.2.2005, 113 dt 11.11.2004. There is no dispute that the land owner was a party no.2 in the registered deed of agreement for sale. Inspite of that  the land owner is very much reluctant to execute and register the deed of conveyance which is mandatory on his part. Thus we find that the O.P acted deficiency in service by not executing the deed of conveyance . Hence, the complaint case succeeds in exparte.

Accordingly, it is

                                                Ordered

That the application under section 12 of the C.P Act is allowed exparte against the O.P with cost.

The O.P land owner is directed to execute and register the deed of conveyance in favour of the complainant within 30 days from the date of this order and the developer be informed to stand as a confirming party in the said deed of conveyance and that information has to be given by the complainant himself because developer is not a party.

If the O.P fails to execute and register the deed of conveyance within the stipulated period , then O.P landlord has to pay compensation of Rs.20,000/- and litigation cost of Rs.5000/- to the complainant within 30 days from this date.

Let a plain copy of this order be served upon the complainant free of cost and one copy be sent to the O.P through speed post.

 

 

 

Member                                                                                                                       President

 

Dictated and corrected by me

 

 

 

                        President

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

 

Ordered

That the application under section 12 of the C.P Act is allowed exparte against the O.P with cost.

The O.P land owner is directed to execute and register the deed of conveyance in favour of the complainant within 30 days from the date of this order and the developer be informed to stand as a confirming party in the said deed of conveyance and that information has to be given by the complainant himself because developer is not a party.

If the O.P fails to execute and register the deed of conveyance within the stipulated period , then O.P landlord has to pay compensation of Rs.20,000/- and litigation cost of Rs.5000/- to the complainant within 30 days from this date.

Let a plain copy of this order be served upon the complainant free of cost and one copy be sent to the O.P through speed post.

 

 

 

Member                                                                                                                       President