DATE OF FILING : 25/01/2016
DATE OF S/R : 09/03/2016.
DATE OF FINAL ORDER : 23/02/2017.
SRI JAYANTRI PRASAD NAVIK,
son of Late Rajpat Navik,
By faith – Hindu by – occupation
residing at 55, Ram Lochan Shair Street, P.O. Belurmath,
P.S. Belur, District Howrah,
PIN 711 202…………….………………………..………………….COMPLAINANT.
1. M/s Aditya Associates,
Proprietor, Mr. Sunil Joshi,
S/O late Ram Narayan Joshi,
57, Ram Lochan Shair Street
P.O. Belurmath P.S. Belur and
Dist Howrah 711 202.
2. Smt. Kanak Prabha Mishra,
W/O late Motilal Mishra,
55, Ram Lochan Shair Street
P.O. Belurmath P.S. Belur and
Dist Howrah 711 202.
3. Smt. Iti Ghosh,
W/O Amit Kr. Ghosh,
55, Ram Lochan Shair Street
P.O. Belurmath P.S. Belur and
Dist Howrah 711 202.
4. Sri Subhasish Mishra,
S/O late Motilal Mishra,
55, Ram Lochan Shair Street
P.O. Belurmath P.S. Belur and
Dist Howrah 711 202
5. Sri Debasish Mishra
S/O late Motilal Mishra,
55, Ram Lochan Shair Street
P.O. Belurmath P.S. Belur and
Dist Howrah 711 202
6. Smt Mithu Roy,
W/O Sri Sushanto Roy,
55, Ram Lochan Shair Street
P.O. Belurmath P.S. Belur and
Dist Howrah 711 202
7. Smt. Sumita Shil,
W/O Sri Sankar Shil,
55, Ram Lochan Shair Street
P.O. Belurmath P.S. Belur and
Dist Howrah 711 202
8. Sri Ajoy Das,
S/O late Asit Das,
55, Ram Lochan Shair Street
P.O. Belurmath P.S. Belur and
Dist Howrah 711 202
9. Sri Sanjay Das,
S/O late Ashit Kr. Das,
55, Ram Lochan Shair Street
P.O. Belurmath P.S. Belur and
Dist Howrah 711 202. …..…………………………….OPPOSITE PARTIES.
P R E S E N T
Hon’ble President : Shri B. D. Nanda, M.A. ( double ), L.L.M., WBHJS.
Hon’ble Member : Smt. Jhumki Saha.
Hon’ble Member : Shri A.K. Pathak.
F I N A L O R D E R
- Complainant, SRI JAYANTRI PRASAD NAVIK, by filing a petition U/S 12 of the C. P. Act, 1986 ( as amended up to date ) has prayed for a direction to be given upon the o.p.s to execute and register the schedule flat with proportionate land as described in SCHEDULE - B in his favour , to pay Rs.3,00,000/- as compensation, to refund Rs. 8,400/-, being the excess amount paid by him, and litigation cost alongwith other relief or reliefs as the Forum may deem fit and proper.
- It is the specific grievance of the complainant that even after receiving a total amount of Rs. 7,93,000/- which include Rs.8,400/- as an excess amount for purchasing a flat measuring 700 sq.ft, O.P.s vide annexures P3 and P4 series, from him, O.P.s failed to execute and register the Deed of Conveyance with respect to the scheduled flat in his favour till date in terms of the agreement for sale entered between them on 30/07/2011. Complainant paid such amount to the O.P. no 1 , as the developer of the scheduled building as well as the Constituted Attorney of O.P.nos 2 to 9, the land-owners. It is also stated by him that possession has been given by the O.P. no 1 to him and he has been residing there vide annexure P5. Since then complainant requested them repeatedly to execute and register the Deed Of Conveyance but O.P.s remained silent without doing the needful. Being frustrated and finding no other alternative complainant filed this instant case with the aforesaid prayers alleging deficiency in service against the O.P.s. coupled with unfair trade practice.
- Notices were served. The O.P.nos 1, and 7 to 9 neither appeared nor filed any w/v. Only O.P.nos 2 to 6 appeared and filed w/v. Accordingly the case was heard exparte against the O.P.nos.1 and 7 to 9 and on contest against O.P. nos 2 to 6.
- Two points arose for determination :
i) Is there any deficiency in service on the part of the O.P. s ?
- Whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
- Both the points are taken up together for consideration.. We have carefully gone through the complainant/ petition with the annexure filed by the complainant and w/v filed by O.P.nos 2 to 6 and noted their contents. Complainant has also submitted the O.P. no 1 has delivered the flat in question. And total value of that flat as per the Agreement dt 30/07/2011 stands Rs.7,84,700/- with respect to the schedule F flat. Complainant has submitted the original money receipts showing a total payment of Rs.7,60,100/- to O.P.no1. We have gone through the w/v of O.P.nos 2 to 6 that contains a very evasive denial. O.P. no 1 entered into the Agreement for Sale with the complainant on 30/07/2011 by virtue of the Development Agreement dt 03/02/2011 entered by and between the O.P.no 1 and the predecessor of the O.P.nos 2 to 9. Accordingly, O.P.nos 2 to 9 have got a duty to facilitate the execution and registration of Deed Of Conveyance in favour of the complainant. Moreover, O.P.no1 and 7 to 9 have not filed any w/v and the entire case remains unchallenged and uncontroverted against them and we have no difficulty to believe the case of the complainant. Since long O.P.s did not care to do the needful. So, it is very easily understood by a man of common prudence that O.P.s are not only deficient in service but also they adopted unfair trade practice. After receiving such a big amount of Rs. 7,60,000/- from the complainant, it was the duty of the O.P.s to execute and register the Deed of Conveyance in favour of the complainant. Moreover he has spent Rs. 33,000/-to finish some constructional work although no document has been annexed. Accordingly , the complainant should not suffer . Enough time has passed away which certainly caused mental agony , physical harassment, and financial loss to the complainant. We all know that shelter is a basic need. To run one’s life smoothly, it is the urgent need. At the same time we are to keep in mind that O.P.nos 2 to 9 did not take any amount from the complainant. So we are of candid opinion that it is a fit case where the prayers of the complainant should be allowed with compensation against O.P.no1. Points under consideration are accordingly decided.
Hence,
O R D E R E D
That the C. C. Case No. 23 of 2016 ( HDF 22 of 2016 ) be allowed exparte with costs against the O.P.no 1 and without cost against the O.P. nos 7 to 9 and allowed on contest without cost against O.P nos 2 to 6.
That the O.P.s are jointly and severally directed to execute and register the Deed Of Conveyance with respect to the schedule “ F” flat in favour of the complainant within 30 days from the date of this order . Complainant is directed to pay Rs. 24,600/- to O.P. no1 and to bear the cost of registration.
The complainant do get an award of Rs. 15,000/- as compensation and Rs. 5,000/- as litigation costs. The o.p.no 1 is directed to pay this total amount of Rs. 20,000/- within 30 days from the date of this order i.d., 8% p.a. interest shall be charged on the same till actual payment.
The complainant is 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.
( Jhumki Saha)
Member, C.D.R.F., Howrah.
