District Consumer Disputes Redressal Forum
NORTH 24 Pgs., BARASAT.
C.C. No. 184/2018
Date of Filing Date of Admission Date of Disposal
23.04.2018 07.05.2018 16.02.2022
Complainant/s :- Sri Bikash Kumar Banerjee, S/o. Late Sadhan Banerjee,
since deceased substituted by his legal heirs –
1(a) Ila Banerjee 1(b) Subhabatra Banerjee,
Reba Apartment, 2nd floor, Front side,
14/3A, Nagendranath Road(Hind Colony), Kolkata-28,
P.S. Dum Dum, Dist- North 24Pgs
=Vs=
O.P/s :- 1. M/s. Eskay Construction, A partnership firm represented
by its partner Subrata Dey, S/o. Late Subodh Kr. Dey,
S/o. Late Subodh Kumar Dey, 53, Baguiati, 3rd Lane,
Kolkata-700028, P.S. Dum Dum, Dist- North 24 Pgs,
presently residing at 279, Sahid Sunil Sen Sarani,
P.S. Dum Dum, Kolkata-700028, Dist- North 24 Pgs.
2.Jyotish Ranjan Moulik, S/o. Late Tara Kanta Moulik,
E/P 3A, Hind Colony, presently 14/3A, Nagendranath Road,
(Hind Colony), Kolkata-700028, P.S. Dum Dum,
Dist-North 24 Parganas.
3.Paritosh Chandra Das, S/o.Late Surendra Nath Das,
S/o. Late Surendra Nath Das,
143/1, Rafi Ahmed Kidwai Road, Kolkata-700055,
P.O. and P.S.Dum Dum, Dist-North 24 Parganas.
P R E S E N T :- Shri Debasis Mukhopadhyay………..…..President.
::-Smt. Monisha Shaw ………………… Member.
Judgment
This is a case under Section 12 of the C.P. Act, 1986.
The complainant in this case prayed for direction upon O.P.No.1 who is developer and Subrata Dey, the partner of the said developer firm, constituted attorney of the land owner i.e. O.P. Nos. 2 and 3 to execute and register the sale deed in favour of the complainant in respect of the suit flat under the agreement for sale dated 18.12.2012 and subsequent letter of undertaking dated 12.12.2015. The complainant also prayed for an order for execution and registration of the sale deed in respect of the suit flat in favour of the complainant and for other reliefs.
The O.Ps appeared and filed their written version to contest the case. Both parties adduced their evidence and then the case was fixed for argument.
At the time of argument the complainant submitted written notes of submission and the copy of this written note was received by the O.Ps who endorsed no objection therein. Thus the contentions of the complainant in the written notes of submission are practically admitted by the O.Ps.
Contd/-2
C.C. No. 184/2018
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Both parties submitted that necessary directions upon the developer-O.P.No.1 and its partner– Subrata Dey be given directing them to execute and register the sale deed in respect of the suit flat accepting the balance consideration Rs. 30,000/- only. It is also submitted that the complainant shall bear all necessary cost of stamp duties, registration fees and other lawful expenses, in default of which proper sale deed of conveyance may be executed and registered through this Forum.
In view of such submission the case is to be disposed of accordingly since both accorded to such terms and conditions voluntarily.
Hence
Ordered,
that the case is disposed of in terms of written notes of submission.
O.P. No.1 and its partner – Subrata Dey are hereby directed to execute and register the sale in respect of the suit flat accepting the balance consideration of Rs. 30,000/- only within two months from this date of the order.
The complainant shall bear all necessary cost of stamp duties, registration fees and other lawful expenses. If the order is not complied with then the complainant may take steps for execution and registration of proper sale deed according to law.
Let plain copy of this order be given to the parties free of cost as per CPR, 2005.
Dictated and corrected by me.
President
Member President
