DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
North 24 Pgs., BARASAT
R.A. 11/2024
Arising out in C.C. No./143/2021
Date of Filing Date of Disposal
16.04.2024 21.05.2024
Complainant/s:- | Sri Birendra Nath Das, son of Late Debendra Nath Das, of North Tarapukur, B. C. Sen Road (Dipen Samaddar Sarani), P.O. Agarpara, P.S. Khardah, District North 24 Parganas, Kolkata – 700109. -Vs- |
Opposite Party/s:- | 1. M/s Pravat Bina Construction, Joy Prakash Colony, P.O. Panihati, P.S. Khardah, District North 24 Parganas, Kolkata – 700114, represented by its proprietor Sri Prabir Dey, son of late Pravat Chandra Dey, having residence at Joy Prakash Colony, P.O. Panihati, P.S. Khardah, District North 24 Parganas, Kolkata – 700114. 2. Sri Amar Nath Ghosh, son of Late Krishna Chandra Ghosh 3. Sri Ajoy Ghosh, 4. Sri Ashim Ghosh alias Tanu, 5. Sri Nemai Ghosh, 6. Sri Apurba Ghosh, All sons of Late Probodh Chandra Ghosh, all are residing at Paschim Pally, West Tarapukur, P.O. Agarpara, P.S. Khardah, Kolkata – 700109. |
P R E S E N T :- Sri. Daman Prosad Biswas……….President.
:- Sri. Abhijit Basu…………………. Member.
JUDGMENT /FINAL ORDER
Complainant above named filed this petition U/s 40 of the Consumer Protection Act, 2019 against the aforesaid Opposite Parties praying for necessary correction in the judgment.
He further stated that he had filed a complaint before the aforesaid Opposite Parties U/s 35 of C.P. Act, 2019 praying for direction to the Opposite Parties to execute and register deed of conveyance in respect of ‘B’ scheduled property, delivery of possession, hand over Xerox copies of sanctioned building plan, revised sanctioned building plan, registered deed of owners, ROR, Dakhila, Tax receipt, Completion certificate, compensation amounting to Rs. 10,000/-, litigation cost amounting to Rs. 3,000/-, cost of legal notice amounting to Rs. 5,000/- and other reliefs.
This Commission passed the final order on 19/03/2024.
As per final order / judgment this Commission ordered:-
That the present case be and the same vide no. CC/143/2021 is allowed on contest against the O.Ps with cost of Rs. 3,000/- (three thousand) to be paid by O.Ps in favour of the Complainant.
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R.A. 11/2024
Arising out in C.C. No./143/2021
O.Ps jointly or severally are directed to hand over the physical possession of the shop room specifically mentioned in schedule ‘B’ of the petition of complaint in favour of the Complainant within 45 days from this day failing which Complainant shall have liberty to put this order into execution.
O.Ps jointly or severally are further directed to pay compensation amounting to Rs. 20,000/- (twenty thousand) in favour of the Complainant positively within 45 days from this day failing which Complainant shall have liberty to put this order into execution.
Let a copy of this order be supplied to both the parties free of cost as per CPR, 2005.
He further stated that he clearly stated in the petition of complaint that Opposite Parties not yet executed and registered the deed of conveyance and for that reason they prayed for direction upon the Opposite Parties for execute and register of sale-deed.
He further stated that at the time of final order no direction has been issued to the Opposite Parties on the point of execution and register of sale-deed.
Decisions with Reasons:-
We have heard Ld. Advocate for the Complainant. Perused the petition of complaint, affidavit-in-chief filed by Complainant, documents filed by the Complainant and BNA filed by the Complainant and also perused the petition U/s 40 of the C.P. Act, 2019.
Documents of this case were verified at the time of hearing of this case.
On careful perusal of petition of complaint we find that Complainant stated in para 7 that for want of register deed of conveyance your petitioner has been suffering badly for not being able to mutate his name with the local municipality and to tender municipal tax in his name.
As per point no. 1 of the prayer of the petition of complaint he prayed for direction upon the Opposite Parties to execute and register deed of conveyance in favour of the petitioner in respect of ‘B’ schedule property mentioned in the petition of complaint and deliver physical possession of the same i.d. the deed may be registered through the Ld. Commission as well as physical possession of the same through process.
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R.A. 11/2024
Arising out in C.C. No./143/2021
In the final order, direction has given to the O.Ps to hand over the physical possession of the shop room specifically mentioned in the schedule ‘B’ of the petition of complaint in favour of the Complainant within 45 days from this day failing which Complainant shall have liberty to put this order into execution.
It is clear before us that no order has passed on the point of execution and register of deed of conveyance in favour of the Complainant.
It is nothing but an accidental omission and this Commission has the power to rectify the same U/s 40 of C.P. Act, 2019.
We also think that this Commission has the sufficient jurisdiction to entertain this petition as well as pass an order on the basis of aforesaid petition U/s 40 of the C.P. Act, 2019.
Accordingly we think that a further direction should be incorporated in the prayer portion of the final order / judgment directing the Opposite Parties to execute and register the deed of conveyance in respect of ‘B’ schedule property in favour of the Complainant.
In the result petition succeeds.
Hence,
It is,
Ordered,
That the present petition U/s 40 of C.P. Act, 2019 filed by the Complainant be and the same vide no. RA/11/2024 is allowed ex-parte against the O.Ps but without any order as to costs.
In the ordering portion of final order / judgment dated 19/03/2024 after paragraph no. 2 a new paragraph i.e. following paragraph be included.
“O.Ps jointly or severally are directed to execute and register the deed of conveyance of the shop room specifically mentioned in schedule ‘B’ of the petition of complaint in favour of the Complainant within next 45 days failing which Complainant shall have liberty to put this order into execution.”
Necessary note be given in the final order / judgment dated 19/03/2024.
Let a copy of this order be supplied to both the parties free of cost as per CPR, 2005.
Dictated and Corrected by me
President
Member President
