In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No. 393 / 2008.
1) Sri Ashish Kumar Dawn,
2) Smt. Rita Dawn
Both residing at : - Flat no. F-2, Block-II,
Premises No. 53A, Peary Mohan Roy Road, Kolkata-700027. ---------- Complainant
---Versus---
1) Modular Consultant Pvt. Ltd.,
35B, Hindusthan Park, Kolkata-700029.
2) Mr. Kalyan Kumar Dutta, Director, Modular Consultant Pvt. Ltd.,
35B, Hindusthan Park, Kolkata-700029.
3) Kashi Biswanath Chattopadhyay,
4) Tapan Kumar Chattopadhyay,
5) Puran Kumar Chattopadhyay
6) B.K. Chattopadhyay
(3) to (6) residing at 53A, Peary Mohan Roy Road, Kolkata-700027.
7) Rathin Kumar Chattopadhyay,
25D – 700199, Stuttgard, Germany. --------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Sharmi Basu, Member
Order No. 35 Dated 31/05/2012.
The petition of complaint has been filed by the complainants Sri Ashish Kumar Dawn and Smt. Rita Dawn against the o.ps. Modular Consultants Pvt. Ltd. and others. The case of the complainants in short is that complainants entered into an agreement for sale with o.p. nos.1 and 2, developer on 17.7.1998 to purchase a flat and car parking space in the suit premises at a consideration of Rs.7,92,728/- on the terms and conditions mentioned in the agreement for sale. Complainants paid more than consideration money i.e. 7,99,742/- to o.p. no.1 and on 1.11.02 o.p. no.1 through a letter informed the complainants that the said flat and car parking space in question are ready for delivery of possession and o.p. no.1 demanded a sum of Rs.8,11,742/- towards the total consideration of the said flat together with carriage and the cost of extra work done in the said flat and complainants paid the balance amount and o.p. no.1 handed over the possession of the said flat to complainants and complainants are in possession of the flat together with car parking space in question after payment of the entire amount referred to above. Complainants went on pressing hard to o.p. nos.1 and 2 orally and in writing for getting the said flat and car parking space registered by deed of conveyance and despite the same o.ps. did not pay heed to that.
Further case of the complainant is that the power of attorney was revoked from o.p. no.1 by land owner and so they were not in a position to register the deed. Hence, the case.
O.p. nos.1 to 6 had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. O.p. no.7 did not contest the case and accordingly matter is being heard ex parte against o.p. no.7.
Decision with reasons:-
We have gone through the pleadings of the parties, evidence and documents in particular. It is an admitted position that complainants made full payment of the consideration sum. Dispute centres around to the fact that the power of attorney in favour of o.p. no.1 i.e. the promoter has been revoked and as such, o.p. no.1 is not in a position to get the flat and car parking space registered since o.p. no.1 has got no legal authority to do so. We have considered the entire materials on record carefully and we find that in the event of changed circumstances land owners i.e. o.p. nos.3 to 6 ought to have get the flat and car parking space registered in favour of complainants which they did not do and such act of o.p. nos.3 to 6 amounts to profuse deficiencies in service being service provider to their consumers/ complainants and complainants are entitled to relief.
Hence, ordered,
That the petition of complaint is allowed on contest with cost as against o.p. nos.1 to 6 and ex parte with cost as against o.p. no.7. O.p. nos.3 to 7 are directed to get the flat registered by executing deed of conveyance in favour of complainants and o.p. nos.1 and 2 are directed to pay to the complainants compensation of Rs.25,000/- (Rupees twenty five thousand) only for their harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only. O.ps. are directed to comply with the aforesaid order within 45 days from the date of communication of this order, i.d. an interest @ 9% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties.
_____Sd-_____ _____SD-_______ _____Sd-_______
MEMBER MEMBER PRESIDENT
