DATE OF FILING : 27.04.2015.
DATE OF S/R : 04.06.2015.
DATE OF FINAL ORDER : 30.12.2015.
1. Sri Kaushik Basu,
son of late Kiran Prasad Basu.
2. Debjani Bose,
wife of Sri Kasuhik Basu,
both of 20/1, Deshapran Shasmal Road, P.S. Bantra,
District Howrah,
at present residing at 62/11/1, Ichapur Road, P.S. Bantra,
District Howrah. …………………………………………….. COMPLAINANTS.
K.C. Panja and Son,
proprietorship concern represented by sole proprietor
Sri Susanta Panja,
son of late Kartick Chandra Panja of
Ichapur Canal Side ( Purbapara ), P.O. Santragachi, P.S. Jagacha,
District Howrah. …………………………………………………...…OPPOSITE PARTY.
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
- Complainants, namely, Sri Kaushik Basu and Smt. Debjani Basu, by filing a petition U/S 12 of the C .P. Act, 1986 ( as amended up to date ) have prayed for a direction to be given upon the o.p. to execute and register the sale deed with respect to the flat in question in favour of the complainants, to pay Rs. 1,00,000/- as compensation and Rs. 50,000/- as litigation costs along with other relief or reliefs as the Forum may deem fit and proper.
- It is the specific grievance of the complainants that even after receiving a total amount of Rs. 7,50,000/- vide Annexures money receipts out of total consideration price of Rs. 9,31,500/- towards the purchase price of flat measuring about 950 sq. ft. including 15% super built up area, o.p. has failed to execute and register the said flat in favour of the complainants since long. The agreement for sale with respect to the scheduled flat was entered between the complainants and the o.p. on 07.09.2009 vide Annexures agreement for sale dated 07.09.2009. O.p. received the amount of Rs. 7,50,000/- from the complainant by virtue of a development agreement entered between o.p. and the owners of the plot of land, namely Sri Samar Kumar Pallay, Murari Mohan Pallay, Sri Parash Nath Pallay, Sri Sushil Kumar Pallay, Shri Ashoke Kumar Pallay, Shri Subrata Kumar Pallay having HMC premises no. 62/11/1, Ichapur Road, Ward No. 43, P.S. Bantra, District Howrah, wherein the building to be constructed by the o.p. O.p., as the constituted attorney of the said land owners, received the amount of Rs. 7,50,000/- from the complainant to sell the said flat. But even after passing away the long period the o.p. did not care to execute and register the sale deed in favour of the complainant. Complainants made several requests but o.p. refused to do the same. Finally complainant sent a letter to o.p. on 11.5.2013 requesting o.p. to execute and register the sale after receiving the rest amount. But o.p. remained silent. Being frustrated and finding no other alternative complainant filed this instant case with the aforesaid prayers.
- Notice was served. The o.p. appeared and filed written version. Accordingly, the case heard on contest.
- Upon pleadings of both parties two points arose for determination :
i) Is there any deficiency in service on the part of the O.P. ?
- Whether the complainants are entitled to get any relief as prayed for ?
DECISION WITH REASONS :
- Both the points are taken up together for consideration.. We have carefully gone through the written version filed by the o.p. and noted its contents. O.p. has even denied the payment of Rs. 7,50,000/- towards the advance payment of total consideration amount of the flat being Rs. 9,31,500/- vide para 10 of its written version. In the same paragraph the o.p. has stated that complainant has got the possession of the scheduled mentioned flat and after taking the possession, complainant has been enjoying the said flat by taking electricity, gas connection. But on perusal of the money receipts duly issued by o.p. on different dates, it is clear that complainant has already paid Rs. 7,50,000/- to the o.p. out of the total consideration amount of Rs. 9,31,500/- towards the purchase price of the schedule mentioned flat in 2010. Even complainant sent letter on 11.5.2013 vide Annexures to o.p. with the same request but the o.p. did not pay any heed to that, thereby caused a severe mental and physical harassment to the complainant. We all know that without registration of the flat, the ownership of the said flat is not created in favour of the complainant. Shelter is a basic need. To run one’s life smoothly, it is the urgent need. By not executing and registering the sale deed, o.p. has shown severe negligence of a great deal which should not be allowed to be perpetuated any more. So we are of candid opinion that it is a fit case where the prayers of the complainant shall be allowed. Points under consideration are accordingly decided.
Hence,
O R D E R E D
That the C. C. Case No. 159 of 2015 ( HDF 159 of 2015 ) be allowed on contest with costs against the O.P.
That the O.P. is directed to executer and register the flat in question in favour of the complainants after receiving the balance consideration amount being ( Rs. 9,31,500 – Rs, 7,50,000/- ) = Rs. 1,81,500/- from the complainants within 30 days from the date of this order i.d., Rs. 50/- per day shall be charged till actual registration. The complainants are to bear the registration costs.
The complainants do get an award of Rs. 20,000/- as compensation toward mental agony and harassment and Rs. 5,000/- as litigation costs and the o.p. is directed to pay the same within 30 days from the date of this order i.d., 8% p.a. interest shall be charged on Rs. 25,000/- till actual payment.
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.
