DATE OF FILING : 31-03-2014..
DATE OF S/R : 13-06-2014.
DATE OF FINAL ORDER : 09-09-2014,
1. Mrs. Pialy Porel,
wife of Sri Smarajit Porel,
residing at 63/2, Kasundia Road, P.O. Santragachi,
P.S. Shibpur, District – Howrah,
PIN – 711 104.
2. Mrs. Sarnali Dutta,
wife of Sri Tanmoy Dutta,
residing at Ichapur, H.R.B.C. Housing Estate,
Block – 12, 2nd foor, Room no. 11, P.O. Santragachi,
P.S. Shibpur, District – Howrah,
PIN – 711 104.-------------------------------------------------------- COMPLAINANTS.
- Versus -
Messrs Relex Builders Pvt. Ltd.,
having its registered office at
No. 9, Old China Bazar Street,
Kolkata – 700 001.--------------------------------------------------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
1. The instant case was filed by complainant U/S 12 of the C.P. Act, 1986 wherein the complainants have prayed for direction upon to execute and register the sale deed in respect of the shop room as mentioned in the schedule and to pay compensation to the tune of Rs. 1 lakh together with litigation costs.
2. The o.p. in his written version contended interalia that the registration could not be completed for incorporation of Section 43 CA to the Income Tax in the year 2013. So the complaint is not maintainable. It should be dismissed.
3. Upon pleadings of parties two points arose for determination :
i) Is there any deficiency in service on the part of the O.P. ?
ii) Whether the complainants are entitled to get any relief as prayed for ?
DECISION WITH REASONS :
4. Both the points are taken up together for consideration. The o.p. already received
the total consideration amount of Rs. 1,11,000/- from the complainants on 27-11-2010 vide demand draft and it is incorporated the deed of agreement. Now the plea that the instant complaint is not maintainable before this Forum is just bogus in view of Section 3 of the C.P. Act, 1986. It is just an attempt to swallow the entire amount received from the complainants.
5. The complainants are very much in possession of the suit flat unless the registration is done, the possession remains incomplete. Therefore, the o.p. cannot have any respite from the rigours of law. Both the points are accordingly disposed of.
Hence,
O R D E R E D
That the C. C. Case No. 173 of 2014 ( HDF 173 of 2014 ) be and the same is allowed on contest with costs as against the O.P.
The O.P. be directed to execute and register proper sale deed in respect of 158.75 sq. ft. shop room as mentioned in the schedule within 30 days from the date of this order and to pay litigation costs to the tune of Rs. 5,000/-.
No order as to compensation.
The complainants are 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.
( T.K. Bhattacharya )
President, C.D.R.F., Howrah.
