| Final Order / Judgement | DIST. CONSUMER DISPUTES REDRESAL COMMISSION NORTH 24 Pgs., BARASAT. C. C. CASE NO. 429/2018 Date of Filing: Date of Admission: Date of Disposal: 26.10.2018 26.10.2018 05.12.2022 Complainant/s:- | Sm. Lakshmi Hazra, W/o. Sri Sukdeb Hazra, 27, Raj Kumar Mukherjee Road, Kolkata-700035, P.S. Baranagore, Dist-24 Parganas(North). = Vs.= 1.M/s. M.R. Construction, 12/13, Bihari Lal Paul Street, Kol-36, P.S. Baranagar, Dist- 24 Parganas(North). 2. Sri Manash Das, S/o. Late Naba Kumar Das, | Opposite Party/s:- | 12/13, Bihari Lal Paul Street, Kol-36, P.S. Baranagar, Dist- 24 Parganas(North). 3. Sri Krisnandu Goswami, 4/1B, Kashiswar Chatterjee Lane, Kolkata-700036, P.S. Cossipore. 4. Sri Somnath Roy, S/o. Late Kartick Roy, 35, Roy Jatindra Nath Chowdhury Lane, P.S. Baranagar, Dist- 24 Parganas(N). 5. Sri Balaram Bairagi, S/o. Late Bairagi, 42, Roy Jatindra Nath Chowdhury Lane, P.s. Baranagar, Dist-24 Parganas(N) (Developer). 6. Sri Sakher Patra, S/o. Late Bhairav Chandra Patra, 21/2, Baristar P. Mitra Road, Kolkata-03, P.S. Baranagar, Dist- 24 Pgs(N). 7. Sri Biswanath Patra, S/o. Late Bhairav Chandra Patra, | | 21/2, Baristar P. Mitra Road, Kolkata-03, P.S. Baranagar, Dist- 24 Pgs(N). 8. Sri Tagorial Patra, S/o. Late Bhairav Chandra Patra, 21/2, Baristar P. Mitra Road, Kolkata-03, P.S. Baranagar, Dist- 24 Pgs(N). 9. Kumari Manorama Patra, D/o. S/o. Late Bhairav Chandra Patra, 21/2, Baristar P. Mitra Road, Kolkata-03, P.S. Baranagar, Dist- 24 Pgs(N). 10. Smt. Baby Das, D/o. S/o. Late Bhairav Chandra Patra, 21/2, Baristar P. Mitra Road, Kolkata-03, P.S. Baranagar, Dist- 24 Pgs(N). |
P R E S E N T :- Smt. Monisha Shaw …………………. Member. :- Sri Abhijit Basu……………………….Member JUDGMENT / FINAL ORDER The complainant filed a case under Section 12 of the C.P. Act, 1986 as amended in brief the facts of the case is as under. The complainant booked a flat and paid as earnest money of Rs. 5,00,000/- to the developers. Here opposite party Nos. 2 to 5 are developers and O.P. Nos. 6 to 10 are the land owners of the premises No. 21/2, Baristar P. Mitra Road, Kolkata-35, P.s. Baranagar, Dist-North 24 Pgs who were submitted as the legal heirs of AngurBala Patra. O.P. Nos. 1 to 5 acted and represented as a developer and promoter. O.P. Nos. 2 to 5 all are partners of M/s. M.R. Construction. The complainant entered into an agreement on 22.12.2015 with O.P. Nos. 1 to 5 to purchase a complete flat measuring about 350 Sq.ft Super built up area in the eastern side of the 3rd floorat the said premises number in the building with proportionate land and common facilities and amenities from the developer’s allocation. The complainant paid a sum of Rs. 5,00,000/- as advance out of total consideration money of Rs. 6,50,000/-. The complainant sent a legal notice through Advocate for register the deed of conveyance towards complainant but O.Ps denied to register the deed of conveyance. Contd/-2 C. C. CASE NO. 429/2018 :: 2 :: Hence, the complainant filed this case. The complainant served notices upon the opposite parties through speed post and track report were submitted. The O.P. Nos. 2,6,7,8,9 and 10 was not appeared after receiving the notice from this commission the O.P. Nos. 3 to 5 filed written version stating that they never entered into an agreement with the complainant but they admitted that O.P. No.1 M/s. M.R. Construction received a sum of Rs. 5,00,000/- from the complainant but expressed inability to execute registered deed of conveyance in favour of the complainant since they have retired from their business. Following issues were framed for the purpose of decision - Whether the complaint is maintainable or not?
- Whether the complainant is entitled to get relief/ reliefs in this case or not?
Decision with Reasons Considering the facts and circumstances as well as nature and character of the case all the points are interlinked to each other and as such all the points are taken up together for consideration for the sake of brevity and conveniences. On perusal of the materials record which is submitted and also complaint shared by affidavit and all other documents and objection available in the case record and the argument of the Advocate of complainant it is revealed that the complainant paid Rs. 5,00,000/- as advanced money out of Rs. 6,50,000/-. At the time of execution of sale agreement as O.P. Nos. 2 to 5 executed as partners of M/s. M.R. Construction, therefore the O.P. Nos. 2 to 5 cannot denies their responsibility by retiring from business. Before and at the time of retirement all the partners are liable for all liabilities exist. Hence O.P. Nos. 2 to 5 are liable for the liability of O.P. No.1. They cannot deny the liability of partnership firm. Some persons made a partnership farm. Hence retired and existing partners all are liable for previous liabilities as they were partners at the time of execution of agreement for sale deed. Hence O.Ps are jointly and severally liable to register the flat by receiving the dues amount alternatively the O.Ps shall return the advance receiving money of Rs. 5,00,000/- with 6% interest from the date of receiving till recovery. Hence the complainant is a consumer and O.Ps are service provider. O.Ps are not provide their service and O.Ps made unfair trade practice hence this matter shall try this commission. The case is under the jurisdiction of this commission area. Thus all the points are disposed of accordingly. Hence, It is Ordered that the case being C.C. No. 429/2018 be and the case is allowed as exparte as O.Ps were not present at the time of argument on the date fixed. The complainant (Smt. Lakshmi Hazra) do get a decree in the instant case, therefore O.Ps are directed to register the deed of conveyance as agreement made on 22.12.2015 and give possession to the complainant after receiving balance consideration money alternatively the O.Ps are directed to return the advanced receiving money of Rs. 5,00,000/- to the complainant with an interest of 6% from 22.12.2015 till recovery within two months. Failing which the complainant has liberty to file execution case as per law. Let plain copy of this order be given to the parties free of cost. Dictated & Corrected by me Member Member Member | |
