FINAL ORDER/JUDGEMENT
SHRI SWAPAN KUMAR MAHANTY, PRESIDENT
This is an application u/s.12 of the C.P. Act, 1986.
Very briefly, the facts of the case are that OP-2 being the owner of premises No. 37/1, Taltalla Lane, Kolkata – 700 016 entrusted OP-1 to develop his land measuring about 06 Cattahs 01 Chittack. Complainant and his brother Matlub Rauf had entered into an Agreement for Sale dated 10.09.2006 with OP-1 for purchasing a flat measuring about 550 Sq ft. on the back portion of 1st floor of the proposed building. The price of the flat is agreed at Rs.4,95,000/- (550 Sq. ft. X Rs.900/-). That possession of the flat was handed over to the complainant in the month of May, 2008 on payment of entire consideration amount. Mutlub Rauf, brother of the complainant relinquished his all rights and interest over the subject flat by executing a declaration. The OP-1 / Developer did not execute and register Deed of Conveyance of the subject flat in favour of the complainant despite several requests. A legal notice dated 10.02.2020 was duly sent to the OP-1 but no consequence. Finding no other way out complainant filed the present consumer complaint.
OPs are duly served of the complaint. However, despite service of notices upon them, no Written Version is filed. Thus, the case has been preceded ex parte against the OPs.
Complainant Maroof Rauf has filed his evidence by way of affidavit supporting the allegations made in the complaint. Complainant by way of .un contradicted testimony has proved that the OP-1 had entered into an Agreement for sale dated 10.09.2006 with the complainant and his brother Matlub Rauf in respect of the subject flat and the flat has been handed over to the complainant and his brother in the month of May,2008.
It is relevant to note that Matlub Rauf, brother of the complainant relinquished his all rights and interest over the subject flat in favour of complainant by executing document. Thus, Matlub Rauf relinquished his right, title and interest in respect of the subject flat in favour of th complainant. As per Agreement for Sale OP-1/ Developer is liable to sale the subject flat from his allocation to the complainant. OP-1 did not execute and register Deed of Conveyance of the subject flat despite request of the complainant. The OP-1/ Developer fails to fulfill his commitment. Therefore, we have no hesitation in concluding that the OP-1 has committed deficiency in service as also has indulged in unfair trade practice.
Based on the above discussion, CC No. 102 of 2020 is partly allowed and the OPs are directed to execute and register Deed of Conveyance of the subject flat to the complainant. OP-1/ Developer is directed to pay Rs.10,000/- only as compensation for mental agony, pain, harassment and Rs. 5,000/- as cost of litigation to the complainant. The order be complied within 60 days from the date of the order.
Copy of the Judgment be supplied to the parties as per rules.
