Hon'ble Shri Ajeya Matilal, Presiding Member

Learned Advocates for the complainant and OP Nos. 1, 3 and 7 are present.

BNA have already been filed by OP Nos. 1, 3 and 7.

Today the complainant filed BNA.

Heard submission of the Learned Advocates of both sides and considered.

This is a case under section 17 of the Consumer Protection Act, 1986 valued at Rs. 42,81,860/-.

The fact of the case is in short like that:

The complainants are qualified doctors residing at the given address of Gariahat Road, Kolkata- 700019. By virtue of an agreement dated 19.04.2004 executed by and between Anjan Singhi and others as Vendors/Owners and Proforma Opposite No. 9  and complainant as joint purchasers/allotees purchased  and/or acquired the scheduled   flat for a sum of Rs. 13,34,550/- as per BNA filed by the complainant (Annexure A – page 10 ),

 By virtue of a separate agreement dated 19.04.2004 executed by and between Anjan Singhi and others as Vendors/owners and Proforma Opposite Party No. 9 and complainant as joint purchasers/allotees purchased and/or acquired  portion of the roof and got right to use the same of  the said flat for consideration of Rs. 5,50,000/- (Annexure B). 

By virtue of another agreement  dated 19.04.2004 executed by and between Anjan Singhi and others as Vendors/Owners and Proforma Opposite Party No. 9  and complainant as joint purchasers/allottees purchased and/or acquired a car parking space on the ground floor South Block of the said building for  a sum of Rs. 75,000/-(Annexure C)

The complainant and the Purchaser, OP No. 9 also paid a sum of Rs. 8,22,310/- for miscellaneous costs etc.  for execution of deed of conveyance as described in the agreement for sale. The money receipt in this context is enclosed as Annexure D.

It is alleged by the complainant that, as formally required, the complainant served legal notice upon OPs for execution of deed of conveyance. The OPs did not respond to in a positive manner. So, the complainant files this case.

The OP Nos. 1, 3 and 7 contested the case by filing a written version denying the material allegation of the claim petition. According to the answering OP in terms of the aforesaid three agreements, Rs. 5,50,000/- is still due, which was required to be paid within September, 2004 by the complainant.

The complainant did not approach OPs within the stipulated period and some of the owners have already revoked the power of attorney for proper adjudication of the disputes between the parties following points are required to be considered  ;

1.      Whether the complainants are consumers?

2.      Whether there is any cause of action to file the case?

3.      Whether there is any deficiency in service on part of the OPs?

4.      Whether the complaints are entitled to get relief as prayed for?

In course of hearing the Learned Advocate for the complainant submits that he is ready and willing to pay balance amount of Rs. 5,50,000/-, as agreed upon between the parties.

We have perused the agreements mentioned earlier and the evidence on affidavit adduced by the complainant. No evidence has been adduced by the OPs.

It is also the defence case that at the relevant point of time both the complainants remained in abroad.

So, they did not take proper steps for the purpose of execution and registration of the deed of conveyance.

Learned Advocate for the complainants further submits that he is not pressing the prayer two of the complaint regarding payment of  compensation.

So, it appears from this discussion that the complaints are consumers, they have cause of action and there is deficiency in service on part of the OPs and the complainants are entitled to relief as we have stated earlier.

All the points are decided accordingly.

Hence it is

Ordered

The complaint case no.  141/2017 is allowed on contest against the OP Nos. 1, 3 and 7 and ex parte against rest OPs without any litigation cost. 

OPs are directed to execute and register deed of conveyance in respect of the scheduled flat etc. particularly mentioned in agreements at Annexures A, B and C of the complaint upon payment of Rs. 5,50,000/- and registration cost by the complainant  within 30 days  from this day, failing which the complainants will be at liberty to put the order in to execution.

Let a copy of this order be supplied to   the parties free of cost.