Order-15.

Date-16/06/2015.

Complainant Smt. Chaitali Chatterjeeby filing this complaint submitted that complainant entered into an Agreement to Sale on 03.05.2003 with the op for purchasing a self-contained flat situated in the 2^nd floor back portion (North/East corner side) measuring about 508 square feet more or less including 20 percent super built up area at Premises No. P-202, CIT Road, Scheme IVM, P.S.- Beliaghata, Kolkata – 700010 which is within the jurisdiction of this Ld. Forum.

But initially consideration amount was fixed at Rs. 6,40,400/- for 508 sq. ft. more or less at the rate Rs. 1,300/- sq. ft. and subsequently the total area of the aforesaid flat has been enhanced by 124 sq. ft. so, the total areaflat became 632 sq. ft. more or less and accordingly total cost of the flat becameRs. 8,21,600/- and for the extra work of Rs. 27,260/- total consideration amount became Rs. 8,48,860/-.

Fact remains that this Mousumi Chowdhury is the proprietor of the developer company “B.C. Chowdhury” but her husband Sri Sukhamoy Chowdhury deals all the matter and takes decision regarding the cost of the flats and mode of payment and Smt. Mousumi Chowdhury is only mere signatory on receipts and papers and as per said Agreement, complainant paid Rs. 7,90,000/- on different dates by issuing cheques and by cash and on the several occasions the complainant requested the ops for taking steps for registration of the said flat in favour of her and also prepared the Deed of Conveyance and sent to the op no.1 for her approval but the op no.1 with various pretexts did not take any steps for registration because in the meantime complainant got possession of the flat but op refused to execute and requesting the deed of sale.

On 27.06.2014 and lastly on 26.08.2014 complainant sent two notices through her Ld. Advocate to the op by regd. post with A/D to take steps for completion of registration of Deed of Conveyance in favour of the complainant but unfortunately till date op no.1 failed and neglected to register the Deed of Conveyance in favour of complainant.But as per agreement op is bound to execute the Deed of Conveyance in favour of the complainant when possession has already been delivered as per Agreement to Sale and as per Agreement they are bound to act and when they have not done it, then it is the negligent and deficient manner of service for which this complainant prayed for redressal.

On the other hand op by filing written statement submitted that complainant was verbally requested to pay the balance consideration amount of Rs. 61,000/-.But the complainant pleaded her financial crisis and did not pay it for which it could not be registered and complainant never took any step for preparing the Deed of Conveyance and or for payment of balance consideration amount of Rs. 61,000/- for which the Deed has not been executed.

Admitted position is that possession has already been delivered and op asked the complainant to pay the balance amount, but that has not been paid for which the registration matter had not been matured.But it is specifically mentioned that the present complaint is false and fabricated and ops are willing to execute the Sale Deed and before that complainant must have to pay the balance amount and prayed for dismissal of this case.

Decision with reasons

On critical appreciation of the fact and the allegation of the complainant and also the written version as submitted by the op, it is clear that agreement was duly executed in between both the parties and it is admitted fact that possession had already been delivered in the year 2004 or 2005.But the owner of the said building or construction did not renew Power of Attorney after completion of construction work and handling over of the possession of the flat to each and every owner and flat buyers.But he is always ready for paying the outstanding dues as narrated by the complainant and owner is readyto sign the Deed of Conveyance.

So, considering that fact, it is clear that entire part as per Agreement to Sale dated 03.05.2003 is completed except non-payment of Rs. 61,000/- by the complainant and non-execution of the Deed of Conveyance and registration of the same by the op and at the time of advancement of the argument on behalf of the op it was submitted that ops have their no desire to harass the complainant but he has no power of attorney executed and registered by the owners.

But complainant did not pay balance amount of Rs. 61,000/- and also he did not take any initiative for preparing the Deed for the purpose of registration etc. for which it was not executed and another matter is that subsequently the land owner did not execute Power of Attorney in favour of the Developer for which it could not be executed.

Considering the above fact and circumstances, we are convinced to hold that op is willing to execute the Sale Deed for registration and execution.But now it is the duty of the complainant to prepare the Deed of Conveyance and to pay the balance consideration amount for registration of the Deed and so on admission of the complainant and op, we are disposing of this complaint by allowing this complaint in favour of the complainant against the ops.

Thus the complaint succeeds.

Hence, it is

That the complaint be and the same is allowed on contest with cost of Rs. 2,000/- against the ops.

Ops are hereby jointly and severally directed to execute and register the Sale Deed at the cost of the complainant and complainant shall have to take such step for preparation of the Deed as per law and after presentation of the said Deed for approval and thereafter op shall have to execute and register the Sale Deed within 45 days from the date of this order and in the meantime within 15 days complainant shall have to deposit a sum of Rs. 80,000/- as consideration amount including interest to this Forum and after deposit of the same within one month and op shall have to execute and register the Sale Deed at the cost of the complainant within 45 days from the date of this order, if ops fail to comply the order, in that case, complainant shall get such relief for execution and registration of the Sale Deed through this Forum at the cost of complainant and for this purpose complainant shall have to bear all service charges for appointment of officers for presentation and execution of the Deed and other purpose by this Forum.

If ops fail to comply the order, in that case, op shall have to pay penal damages of Rs. 50,000/- to this Forum and if any part of the decree is not satisfied by the op, in that case, op shall be prosecuted u/s 27 of C.P. Act 1986.

Complainant shall have to deposit of Rs. 80,000/- within 15 days from the date of this order as refundable amount which is the balance consideration amount including interest.