DATE OF FILING                    :     17.09.2014.

DATE OF S/R                            :      31.10.2014.

DATE OF FINAL ORDER      :     07.07.2015.

Sri Shiw Prasad Shaw,

son of Sri Mithailal Shaw,

residing at 200, Ram Krishnapur Lane, P.S. Shibpur,

District Howrah,

PIN 711 102. ………………………………………………………… COMPLAINANT.

• Versus -

   

  M/S. Gandhi Dham Construction  Co.

  a  partnership firm having its office at

  60, Kshetra Mohan Banerjee Lane, Shibpur,

  District Howrah,

  711 102,

  represented by its partners viz.

   

  1.         Smt.   Rachana Ghosh,

  wife  of Sri Naba Kumar Ghosh,

   

  2.         Smt. Mona Shah,

  wife of Sri Rajesh Shah,

  both of 60, Kshetra Mohan Banerjee Lane, Shibpur,

  District Howrah,

  PIN  711102.

   

  3.         Smt. Labani Khan,

  wife of Sri Provash Khan,

  of 101/7, Bhairab  Ghatak Lane, P.S. Malipanchghora,

  District Howrah,

  PIN 711 107. ………………………………………….……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,  L.l.b., ( Retired Railway Officer ).

             

                                                   F  I   N   A    L       O   R   D    E     R

  1. This is an application U/S 12 of the C.P. Act, 1986 filed by the petitioner, Shiw PrasadShaw, against o.ps., M/s. Gandhi Dham Construction Co. & others, praying for direction upon the o.ps. to execute and register the deed of conveyance in favour of the petitioner and to pay compensation for a sum of Rs. 50,000/- and Rs. 20,000/- as litigation costs.

2. The case of the petitioner is that the holding no. 26/1/3/1, Kshetra Mohan Banerjee Lane, P.S. Shibpur, District Howrah, PIN 711 102, is owned and possessed by o.p. no. 3, Labani Khan, who entered into an agreement with o.p. nos. 1 & 2 for construction of a building and empowered o.p. nos. 1 & 2 to sell their share to the intending parties. The petitioner entered into an agreement with the o.p. nos. 1 & 2 dated 30.8.2002 for purchasing a godown space measuring 1001 sq. ft. at a consideration of Rs. 7,70,000/- and the entire consideration money was paid as could be seen from money receipt dated 22.02.2008.The o.p. nos. 1 & 2 did not take initiative to complete the godown and later on 17^th December, 2010 the petitioner asked the o.p. nos. 1 & 2 to deliver possession and ultimately on 28.9.2012 possession was delivered.There was general power of attorney executed by the land owner in favour of the o.p. nos. 1 & 2 for executing the deed and delivery possession but the o.p. nos. 1 & 2 did not discharge their duty even though the complainant went on requesting. Then the complainant sent advocate’s letter and filed this case.

• 3. The o.p. no. 3 though served with notice did not appear in the case and thus the case heard ex parte against her.

4. The o.p. nos. 1 & 2 being a partnership firm named M/S. Gandhi Dham ConstructionCo. represented by Smt. Rachana Ghosh & Smt. Mona Shah, contested the case by filing a written version wherein they denied the material allegations made in the claim petition and submitted that they never harassed the petitioner and there is no deficiency in service on their part as they are always ready and willing to discharge their duty by delivering the complete peaceful vacant possession of the property as mentioned in the agreement and they requested the complainant to get the property registered and the complainant denied to do so.

5. On the above case of the parties the following issues are framed for determination :

1. Is the case maintainable in its present form ?

2. Whether the petitioner has any cause of action to file the case ?

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

4. Whether the complainant is entitled to get any relief as prayed for ?

   DECISION  WITH   REASONS      :

   6. All the issues are taken up together for the sake of convenience and brevity for discussion. This Forum heard the ld. counsels for the petitioner as well as the o.p. nos. 1 & 2. While the counsel for the petitioner submitted that the petitioner paid the consideration money and o.p. nos. 1 & 2 delivered the possession of the godown yet after the delivery of possession when the o.ps. requested the petitioner to cause registration then the petitioner was reluctant to do so and now he filed this case which should be dismissed with costs.

7. The ld. counsel for the o.ps. submitted that they are ready and willing to execute the conveyance deed in favour of the petitioner.

8. This Forum scrutinizes the cases of the parties and the documents filed as well as the BNS and find that the o.ps. have no objection to execute the conveyance deed for which the petitioner filed this case and sonecessary direction be issued against the o.ps. to execute the conveyance deed in favour of the petitioner. Regarding compensation and litigation costs the claim of the petitioner is denied by the o.ps. by counter affidavit and thus considering the facts, and finding no busis for such claim this Forum passes no order in respect of compensation as well as litigation costs.

           In view of above the claim case succeeds.

           Court fee paid is correct.

      Hence,

                       O     R     D      E      R      E        D

      That the C. C. Case No. 507 of 2014 ( HDF 507 of 2014 )  be and the same is  allowed ex parte against o.p. no. 3 and on contest against o.p. nos. 1 & 2 without costs.    

      The petitioner is entitled to get the main relief and the o.ps. are directed to execute and register the deed of conveyance in favour of the petitioner within 30 days from the date of this order failing the petitioner would be at liberty to put the final order in execution. 

             Supply the copies of the order to the parties, as per rule.

     DICTATED  &    CORRECTED

BY   ME.  

  (    B. D.  Nanda   )                                              

  President,  C.D.R.F., Howrah.