Sanjoy Kumar Ttewari,
son of Sri Bageswar Prasad Tewari,
residing at village Khalia, Paschimpara, P.S. Liluah,
District – Howrah,
PIN – 711114……………………………………………. COMPLAINANT.
Versus -
Kalawati Devi alias Roy,
wife of Bishambhar Roy,
residing at 53, Ddharmatala Road, Salkia, P.S. M.P. Ghora,
District – Howrah. ………………………………………………. OPPOSITE PARTY.
P R E S E N T
President : Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.
Member : Shri P.K. Chatterjee.
Member : Smt. Jhumki Saha.
F I N A L O R D E R
- The complainant namely Sanjoy Kr. Tewariby filing a petition U/S 12 of the C .P. Act, 1986 ( as amended up to date ) has prayed for a direction to be given upon the O.P. to execute the deed of conveyance in respect of a schedule property as per terms of the agreement dated 22-03-2012 after receiving the balance consideration amount and to pay compensation in tune of Rs. 30,000/- along with other relief/s as the Forum may deed fit and proper.
- The o.p. in his written version contended interalia and denied all the facts including that the complainant was / is a tenant in respect of 2 R .T.Shed room under the mother of the o.p. but on the contrary admitted the facts that the complainant’s father wasinducted as a tenant in the month of February,1995. The o.p. also denied the sale deed agreement dated 22-03-2012 with Basumati Debi, since deceased, mother of the o.p. including paid amount of Rs. F1,35,000/- through cash and cheques in different occasions against total consideration money ofRs. 2,50,000/- as per executed agreement and that to the letter dated d19-07-2013 of the ld. advocate of the complainant addressed to the answering o.ps. vogue andbaseless for which the instant case is liable for rejection / or dismiss with costs.
- 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 complainant is entitled to get any relief and compensation as prayed for?
DECISION WITH REASONS :
- Both the points are taken up together for consideration. We have car e fully gone through the complainant petition of the complainant and written version of the o.p. along with annexures and noted its contents. It is the specific plea of the o.ps. that Basanti Debi, since deceased, was not executed any agreement on the dated 22-03-2012 with the complainant namely Sanjoy Kr. Tewari against sale of schedule property and that to they ( both Basanti Debi and Smt. Kalabati Debi ) have never received any amount that is Rs. 1,35,000/- as advance against the consideration amount ofRs. 2,50,000/-. But from the available record as submitted by the complainant visualize that the cheque no. 351863 dated 02-02-2013 of Rs. 30,000/- and cash of Rs. 49,000/- deposited on the dated 28-02-2012 and 02-02-2013 against Account no. 1142422649 of the o.p. at C entral Bank, Salkia Branch. The o.p. in her specific plea that the papers / annexures as submitted by the complainant are manufactured one to make some wrongful gain for which the o.p. should not be held liable which is far from truth at this point.
- From the above it is noticed that the agreement dated 22-03-2012 was executed in between Basanti Debi, since deceased, and the complainant affidavit through notary, Howrah Sadar, identified by the ld. advocate, is genuine one which showed that initially Basanti Debi, since deceased, received Rs. 50,000/- during bipartite agreement followed by the o.p. in different occasions through cheque and cash of total aggregated amount ofRs. 1,35,000/- out of total consideration amount of Rs. 2,50,000/-.Merely by denying the facts as stated above the o.p. cannot has any way escape from the rigours of law forgross deficiency in service and unfair trade practice.
Both the points are accordingly disposed of.
Hence,
O R D E R E D
That the C. C. Case No. 118 of 2014 ( HDF 118 of 2014 ) be and same is allowed on contest with costs against the o.ps.
The O.Ps. is hereby directed to execute the sale deed as per agreement after receiving the balance amount of Rs. 1,15,000/- from the complainant within 30 days from the date of this order.
The O.Ps. do pay a sum of Rs. 10,000/- as compensation to the o.ps. for the mental pain, agony and prolonged harassment.
The complainant is further entitled to litigation costs of Rs. 5,000/- from the O.Ps.
The o.ps. are further directed to deposit Rs. 20,000/- to the Consumer Welfare Fund within 30 days from the date of this order.
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.
( P. K. Chatterjee )
Member, C.D.R.F., Howrah.
