Date of Filing : 01/02/2022

Date of Judgement : 03/12/2024

Smt. Monihar Begum, Hon’ble President-in-Charge

BRIEF FACTS

Complainant entered into an agreement for sale with the OP2 and OP3 on 28/01/2001 in order to buy a shop room for his livelihood situated at Premises No.64 of Maharana Tagore Road, Dhakuria, Post Office – Jadavpur, Kolkata – 700031 at a consideration of Rs.5,00,000/- (Five lakhs) only payable as per terms and conditions as made in the agreement and out of the said consideration amount, the complainant paid Rs.4,80,000/- (Four lakhs eighty thousands) only which was duly acknowledged by issuing valid receipts to them to that effect by the said OPs.  on 19/10/2001, OPs handed over the physical possession of the said shop room to the complainant and the possession letter was also provided to him.  But the OPs did not take any initiative to execute the registered deed of conveyance in respect of the said shop room in favour of the complainant. 

The complainant on several occasion requested the OPs to execute and register the deed of conveyance in respect of the said shop room but no fruitful result came. The complainant having no other alternative, one Lawyers’ notice dated 10/02/2020 was sent by the complainant to all the OPs to undertake necessary steps to execute the deed of conveyance in respect of the above mentioned said shop room in favour of the complainant upon receipt of the balance amount of the consideration, Rs.20,000/-  from him but OPs avoided and deliberately refused to discharge their duties and the said acts and conducts on the part of the Op amounts to deficiency in service and unfair trade practice.

As the OP failed to comply with the request of the complainant and thus case was filed by him against the OP before this commission praying for execution and registration of deed of conveyance in respect of the said shop room after receiving the balance amount of consideration as per agreement dated 28/01/2001 in favour of the complainant and Rs.1,00,000/- (one lakh) only for compensation and  Rs.50,000/- (fifty thousands)  towards litigation cost and such relief(s). 

Upon notice, OP1, OP2, OP3 and OP6 contested the case by filing one written version denying and disputing all the allegations made out in the complaint petition and also denied the allegations of deficiency in service and unfair trade practice. They did not file any document in respect of their denials.

So point of consideration is whether the complainant is entitled to get any relief(s) as prayed for.

FINDINGS  

We have gone through the petition complaint and also the documents produced on behalf of the complainant (i) agreement for sale dated 28/01/2001 (ii) Money Receipts with Acknowledgement Receipt (iii) Lawyer’s notice dated 10/02/2020  (iv) possession letter dated 19/10/2021 etc.

It was further found that the OP admitted the amount having been paid to them by the complainant but they had failed and neglected to comply within the stipulated period as per the agreement for sale dated 28/01/2001.

The complainant claimed execution and registration of the deed of conveyance of the shop room after giving balance consideration of Rs.20,000/-.

We think considering materials on record, complainant is entitled to get the execution and registration of deed of conveyance and also to get Rs.30,000/- for compensation and Rs.8,000/- for litigation cost.  OPs are liable to pay the said amount.

Accordingly it is

ORDERED

that the case No.64/ 2022 is allowed on contest against the OPs.

OPs are directed to execute and register the deed of conveyance in favour of the complainant in accordance with the agreement dated 28/01/2001 on receipt of the balance consideration of Rs.20,000/- within 60 days from the date of this order.

OPs are also directed to pay Rs.30,000/- for compensation and Rs.8,000/- for litigation cost to the complainant within the said period.

Aforesaid payment shall be made by the OPs within 60 days from the date of this order, failing which the complainant shall be at liberty to proceed in accordance with law.

And also if the order is not complied by the said OPs within the above period, they are liable to pay the interest of the entire amount @12% p.a. until realisation.

Dictated and corrected by

          Member