DATE OF FILING : 25/11/2013
DATE OF S/R : 17/02/2014
DATE OF FINAL ORDER : 29/12/2014
SMT. IVY GHOSH
Sri. Shyamal Ghosh,
Flat No. AA6, 2nd Floor,
15/1 P.K. Ganguly Road,
P.O. and P.S.- Bally,
Howrah-711 201.……………………………………………… COMPLAINANT.
Versus-
MAA Sarada Construction
Sri. Shyamal Pada Sarkar,
10, Maa Sarada Pally, Kumillya Para,
Howrah-711 227.
- Sri Shyama Pada Sarkar,
s/o late Pulin Bhari Sarkar,
10, Maa Sarada Pally, Kumillya Para,
P.S. Nischinda Formerly Bally
District Howrah 711 227 ………………..…………OPPOSITE PARTIES.
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 instant case was filed by the complainant U/S 12 of the C .P. Act, 1986 ( as amended upto date ) has prayed for direction to be given upon the O.Ps. to execute and register proper deed of conveyance in terms of agreement dated 05.10.2009 with respect to the flat as mentioned in page 3 of the amendment petition of the complainant dated 24-04-2014 and to pay compensation to the tune of Rs. 1 lakh together with litigation costs as the o.p. in spite of receiving Rs. 3,05,000/- as stated by the complainant out of total consideration money ( new ) of Rs. 4,86,400/- in the schedule flat measuring 512 sq. ft. at the rate of Rs. 950/- per sq. ft. of the ‘B’ schedule portion over to ‘A’ schedule property did not complete the schedule flat and kept the work pending.
- The o.p. in their written version at the later stage dated 10.11.2014 contended interalia that the complainant isalready in possession of the flat in question and the complaint is not maintainable before this Forum.
- Upon pleadings of both 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 and compensation as prayed for?
DECISION WITH REASONS :
- Both the points are taken up together for consideration. The agreement dated 05.10.2009 ( enclosure 1 ), the money receipt six in numbers dated 25.11.2013 (enclosure 2 ) issued by o.ps. clearly reveal that there was an agreement in between the parties for sale of a flat measuring 512 sq. ft. ( after taking possession )and for the said purpose the o.p. no. 2received Rs. 2,65,000/- a part payment of the total consideration money at the rate of Rs. 950/- per sq. ft. totaling amount of Rs. 4,86,400/-. In spite of repeated reminders the o.p. no. 2 did not complete the unfinished works for which the complainant shall have to incur of Rs. 93,265/- for make the flat inhabitable condition. The o.p. no. 2 turned a deaf ear to the request of the complainant and in our considered opinion that denial on the part of the o.ps. amounts gross deficiency in service. The o.ps. cannot have any respite from the rigours of law as because the complaint is quite maintainable before theForum in view ofSection 3 of the C.P. Act, 1986. It appears as per enclosures submitted by the complainant ( 6 number receipts ) that the he paid upto date including advance money of total Rs. 2,65,000/- for which Rs. 2,21,400/- was remaining outstanding. The complainant incurred further from his own pocket in two stages of altogether Rs. 93,265/- ( Rs. 50,000 +Rs. 43,265 ) which is to be considered against payment of outstanding dues. Both the o.ps. shall be directed to execute and register the deed of conveyance otherwise there shall be gross violation of agreement dated 5.10.2009. We are, therefore, of the view that the complainant is entitled to the relief as prayed for. Both the points are accordingly disposed of.
Hence,
O R D E R E D
That the C. C. Case No. 400 of 2013 ( HDF 400 of 2013 ) be allowed on contest with costs against o.ps.
The O.Ps. are directed to execute and register the sale deed with respect to the scheduled mentioned flat measuring 512 sq. ft. as per agreement within 30 days, after receiving the balance amount of Rs. 1,28,135/- ( Rs. 4,86,400 – Rs. 2,65,000 + 93,265) from the complainant by o.p. no. 2.
The complainant is entitled to a compensation of Rs. 10,000/- ( Rupees ten thousand ) from the o.ps. jointly and severally within 30 days from the date of this order.
The complainant is further entitled to litigation costs of Rs. 5,000/- from the O.Ps.
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.
