Today is fixed for final order.

 Final order is passed accordingly.

The fact of the case is that the complainant is the purchaser of the landed property bearing plot No.155 (R.S & L.R), Area 93 Decimal, Khatian No. 301(R.S), 2 (L.R), J.L.No.46, Mouja Chaksibananda, P.S. Kaliaganj, Dist. Uttar Dinajpur on 16.06.2014. The owner of the landed property was Late Adham Pradhan who is the father of the O.P. He purchased the said landed property from the O.P. After purchase the petitioner went to record the said property in his name but the recording authority demanded legal certificate of the previous owner of the land. When the petitioner demanded the legal heirs’ certificate from the O.P, the O.P did not supply the legal heirs’ certificate though at the time of purchase the O.P assured him that he will supply all the relevant documents as and when required. Lastly on 18.12.18 the petitioner sent a letter to the O.P through Regd. Post demanding the said legal heirs’ certificate but the O.P did not pay any heed to his letter. Finding no other alternative the petitioner filed the case before this Forum praying for supplying the legal heirs certificate from proper authority and claimed compensation Rs.1,00,000/- for harassment and Rs.20,000/- as litigation cost.

As the complainant purchased the property with due consideration and financial transaction is involved, as such the complainant became a consumer under the provision of Consumer protection Act.   

 In this case the O.P. did not contest the case as such the case was heard ex parte.

On perusal of the evidence on record it is found that the complainant is the bonafide purchaser with consideration of the scheduled land from the O.P and on perusal of the record it is also found that he purchased the scheduled land from the O.P.

It is to be mentioned that the evidence adduced by the complainant remained unchallenged, so the complainant has been able to prove his case ex parte.

C.F.paid is correct.

Hence, it is

                                   O r d e r e d

That the case being No.C.C.02/19 be and the same is allowed ex parte against the O.P with cost.

The O.P. is directed to provide legal heirs’ certificate to the petitioner within one month from the date of this order. Beside that the petitioner is entitled to get Rs.5000/- as compensation for harassment and Rs.2,500/- as litigation cost. The O.P is also directed to pay the amount to the petitioner within one month from the date of this order failing which it will carry interest at the rate of 5% per annum from the date of this order. In case of default the petitioner is at liberty to execute the case as per provision of law.

Let a copy of this order be supplied to the complainant free of cost