DATE OF FILING : 24.09.2014.
DATE OF S/R : 24.11.2014.
DATE OF FINAL ORDER : 14.09.2015.
Pradip Kumar Dutta,
son of late Pulin Kumar Dutta,
residing at 2/2, Naba Kumar Kar Lane, Salkia,
P.S. Malipanchghora,
District Howrah………………………………………………….. COMPLAINANT.
1. M/s. Desire Agro Resorts Development Pvt. Ltd.,
having its registered office at P 525, Hemanta Mukhopadhya Sarani,
( Raja Basanta Roy Road ),
Kolkata 700029.
2. Sri Ashoke Bose,
represented by Managing Director
of M/S. Desire Agro Resorts Development Pvt. Ltd.,
P 525, Hemanta Mukhopadhya Sarani,
Raja Basanta Roy Road,
Kolkata 700029. ……………………………………………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, Pradip Kumar Dutta, 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.ps. to execute and register the sale deed and delivered the khas possession in favour of the complainant in terms of the agreement for sale dated 20.11.2005, to pay Rs. 1 lakhs as compensation for causing mental and physical harassment, and Rs. 50,000/- as litigation costs along with other relief or reliefs as the Forum may deem fit and proper.
- The brief facts of the case is that complainant entered into an agreement on 20.11.2005 with the o.ps. for purchasing a plot of land for residential purpose after being developed by the o.ps. for a total consideration amount of Rs. 2,55,000/- situated within mouza Domjur, J.L. No. 33, P.S. Domjur, khatian no. 1663, Dag no. 4020, with all other common facilities and easement rights. Complainant paid the entire consideration amount on different dates i.e., 21.3.2005, 30.3.2005, 28.5.2005, & lastly on 17.2.2012 vide Annexure A & B collectively. But it is alleged by the complainant that even after receivingthe total consideration amount, o.ps. have failed to execute and register the sale deed in favour of the complainant till the filing of the case. Complainant repeatedly requested the o.ps. to do the needful but o.ps. remained silent.Ultimately, one lawyer’s notice was served upon the o.ps. on 29.8.2014 vide Annexures. But no fruitful result came out. Being frustrated and finding no other alternative, the complainant filed this instant case with the aforesaid prayers.
- Notices were served. They appeared and filed written version. Accordingly, case heard on contest.
- Upon pleadings of both parties two points arose for determination :
i) Is there any deficiency in service on the part of the O.Ps. ?
- 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 written version filed by the o.ps. and noted its contents. Denying and disputing all material allegations of the complainant, the o.ps. have taken a specific plea that the instant case is time barred. But it is seen from the record that o.ps. received the lawyer’s letter was sent to the o.ps. by the complainant through India Post on 29.8.2014 which is addressed to o.p. nos. 1 & 2 and the instant case was filed by the complainant on 24.9.2014. From the money receipts it is very clear that the o.ps. have received the entire amount being Rs. 2,55,000/- in terms of the deed of agreement dated 20.11.2005 vide Annexure ‘A’. So, by not handing over the property in question to the complainant after due development, o.ps. have shown sheer negligence towards the complainant as the role of the o.ps. here is that of a service provider. Complainant has also filed reported judgments passed by Hon’ble National Commission as well as Hon’ble Supreme Court of India, which are seen and considered. When o.ps. have received from the complainant, they were duty bound to act according to the terms and conditions laid down in the deed of agreement dated 20.11.2005. But o.ps. neglected to do the needful. Complainant was running from pillar to posts to get the ultimate benefit and was compelled to face tremendous problem for no fault on his part. Accordingly we are of candid opinion that it is a fit case where the prayer of the complainant should be allowed. Points under consideration are accordingly decided.
In the result, application succeeds.
Hence,
O R D E R E D
That the C. C. Case No. 526 of 2014 ( HDF 526 of 2014 ) be allowed on contest with costs against the O.Ps.
That the O.Ps. are jointly and severally directed to execute and register the schedule property in favour of the complainant after development in terms of the deed of agreement dated 20.11.2005 within one month from the date of this order i.d., Rs. 50/- per day shall be imposed upon the o.ps. till actual registration. The complainant is to bear the registration costs.
That the o.ps. are further directed to pay Rs. 20,000/- and Rs. 5,000/- as litigation costs within one month from the date of this order i.d., the entire amount of Rs. 25,000/- shall carry interest @ 9% p.a. till actual payment.
The complainant is at liberty to put the final order into execution after expiry of the appeal period.
Supply the copies of the order to the parties, free of costs.
DICTATED & CORRECTED
BY ME.
( Jhumki Saha)
Member, C.D.R.F., Howrah.
