This is a complaint made by (1) Sri Ashok Kr. Dhar, son of Late B. K. Dhar and (2) Smt. Rina Dhar, wife of Sri Ashok Kr. Dhar, both residents of B-48, Satyajit Kanan, P.O.-Mukundapur, P.S.-Purba Jadavpur, Kolkata-700 099 against (1) M/s Barsha Enterprise, a proprietorship firm having registered office at 15/2/9, Jheel Road, Sweet Land, Jadavpur, Kolkata-700 032, at present 7 Garfa 3rd Lane, P.O.-Santoshpur, P.S.-Garfa, Kolkata-700 075, represented by proprietor Sri Priyabrata Biswas, OP No.1 and (2) Smt. Amita Basu, wife of Pradip Basu, resident of B-18, Satyajit Kanan, P.O.-Mukundapur, P.S.-Purba Jadavpur, Kolkata-700 099 and also of KMC premises No.1438 Mukundapur, P.S.-Purba Jadavpur, Kolkata-700 099, praying for direction upon the OP for (a) execution/registration of the shop room presently in possession of the Complainants (b) a direction upon the OP to pay an amount of Rs.1,00,000/- as compensation for mental agony and harassment and (c) a direction upon the OP to pay litigation cost of Rs.15,000/-.
Facts in brief are that Complainants are consumer as per Consumer Protection Act. OP No.1 is a promoter and OP No.2 is the land lady/owner of the property situated at KMC premises No.1438 at Mukundapur, Mouza-Barakhola, under P.S.-Purba Jadavpur, Ward No.109, Kolkata-700 075.
OP No.1 & 2 entered into a joint-venture agreement between themselves to develop a multi-storied building over the property of OP No.2. Complainant booked one shop-room measuring 62 sq.ft. more or less super built up area in the ground floor of the premises No.1438 Mukundapur, Mouza-Barakhola, P.S.-Purba Jadavpur, Ward No.109, Kolkata-700 075. At the time of execution of the agreement on 10.7.2005 out of total consideration of Rs.75,000/-, Rs.10,000/- was paid. Thereafter, Complainants paid the total consideration of Rs.75,000/- to OP No.1 by both cash and cheque. On 3.7.2012, the OP No.1 after getting full and final payment delivered peaceful physical possession of the said shop room in favour of the Complainant. After getting the physical possession of the shop room Complainant made an application to the District Engineer, CESC for installation of new separate electric meter in their names in respect of the said shop room. On the basis of the said application a separate new electric meter was sanctioned and installed in their shop room. Thereafter, Complainants time and again requested the OP to register the deed of conveyance in favour of the Complainant. But the OP did not make registration of the shop room. Sometime in 2014 when Complainant met the OP and requested them to execute the sale deed, OP avoided it and thereafter Complainant issued a legal notice upon the OP. The cause of the complaint arose on 30.8.2012. So, Complainant filed this case.
On the basis of the above facts, the complaint was admitted. But, OP did not appear. So, the case was heard ex-parte.
Decision with reasons
Complainant filed affidavit-in-chief to substantiate the allegation of the complaint. Complainant has also filed documents to substantiate the allegations of the complaint.
Main point for determination is whether Complainant is entitled to the reliefs as prayed for.
On perusal of the complaint petition, it appears that the first relief which Complainant has sought is a direction upon the OPs to execute and register the shop room in favour of the Complainant.
In this regard, it appears that agreement to sale between the Complainants and OPs reveals that Rs.10,000/- was paid by the Complainant at the time of entering into the agreement of sale. Further, it appears that a cheque of Rs.35,000/- was given to the OP of which Xerox copy of the receipt is filed. Further, it appears that another cheque of Rs.10,000/- was given of which the receipt is filed. There is also a receipt showing that from Complainant, OP received Rs.20,000/- on 30.8.2012. So, these receipts prima facie reveal that Complainant paid total Rs.75,000/- to the OP.
OP did not appear and contest the case. So, the allegation of the Complainant remained un-rebutted and unchallenged and hence Complainants are entitled to the reliefs which they have prayed. So far as the registration of the conveyance deed is concerned, Complainant has alleged that they are in possession of the shop room. So, the OPs can be directed to make registration of the deed of conveyance in favour of the Complainants.
Complainants have also prayed for Rs.1,00,000/- for compensation and litigation cost of Rs.15,000/-. Since main relief of Complainants is hereby allowed, the question of mental agony does not arise, because Complainant has also delayed in coming before this Forum vindicating their right, and, accordingly, they are not entitled for litigation cost.
Hence,
ordered
CC/306/2016 and the same is allowed ex-parte in part. OPs are directed to make deed of conveyance in favour of the Complainants within three months of this order.
