Today is fixed for argument.
Heard the argument.
Order is passed accordingly.
The fact of the case is that Shbhra Bhattacharjee daughter of Arunendu Bhattacharjee by profession teacher filed a petition before this Forum which was registered as C.C.No.01/15 against M/S. R.P.Enterprise and Punu Mallick. It is to be mentioned that during the trial the complainant filed a petition for amendment for expunging the name of O.P.No.2 as he has been made unnecessary party. On the prayer of the complainant the name of O.P.No.2 was expunged vide order No.40 dt.05.01.2018.
The fact of the case is that the complainant intends to purchase a flat as mentioned in the schedule of the petition. The description as mentioned in the schedule having an area of 1062 Sq. Feet super built area ( more or less) without any parking place with any lift facilities in the land situated at Mouja Mohanbati, J.L.No.151 under Raiganj Municipality, Word No.25 of R.S. Plot No.136, 137, 1332, 1333 of R.S. Khatian No.1178, 1179, 1188 etc., presently situated at Netazipally, area 12 kathas of G – 4 storied building. The petitioner/complainant for purchasing the said flat entered into an agreement on 30.01.10 with the O.P.No.1 M/S. R.P. Enterprise represented by its proprietor Paresh Ch. Sadhu Khan, temporary resided at Barasat Road and the agreement reduced in writing and duly authenticated by Notary Public. By that said agreement the complainant agreed to purchase a flat measuring an area approx. 1062 Sq. feet super built area at 2nd floor bearing flat No.B in the N.S.Mallick apartment at a price of Rs.12,47,000/- only. Out of which she paid Rs.4,00,000/- by 4 cheques dt. 21,02,2010 and obtained the money receipts. It is to be mentioned that after construction of the flat described the area of the flat became 1043 Sq. feet in the final measurement , as such the price of the flat reduced at Rs.12,25,525/-. Accordingly the petitioner/complainant will have to pay Rs.8,25,525/- for the sale price of the flat. According to the agreement dt.01.01.2010 the O.P is bound to execute the deed of conveyance in favour of the complainant after taking the balance money, but the O.P did not execute any deed inspite of request of the complainant to accept the rest amount to the tune of Rs.8,25,525/-. As the O.P. did not execute the deed the complainant was compelled to reside in a rented house at Milanpara at the rate of Rs.4,000/- per month. Ultimately, the staff and employee of O.P. handed over the possession of the incomplete flat in the month of March 2012 and final measurement became 1043 Sq. feet instead of 1062 Sq. feet. The O.P sent a letter through his Advocate Sunil Kr. Chakraborty wherein it was disclosed that M/S. R.P.Enterprise is willing to execute the deed as per agreement. As per letter the complainant arranged for payment of balance amount and obtained the valuation report from the A.D.S.R., Raiganj on 10.09.14, but till now the deed has not been executed and the M/S. R.P. Enterprise did not receive the said amount intentionally. The complainant was agreed to sent the balance unpaid money through R.T.G.S., but the O.P. intentionally closed the said account for unnecessary harassment. In this case it is to be mentioned that one Punu Mallick became the owner of two amalgamated plots and mutated his name before the Raiganj Municipality into a single holding No.805/503 under word No.25 on 07.09.2017 in respect of 20.32 Satak. Thereafter, Punu Mallick @ Durgesh Mallick sold and transferred 7 kathas of land ( 3 Kathas 8 chhatak and 3 kathas 3 chhatak) out of 12 kathas 3 chhatak of land to Paresh Ch. Sadhu Khan who is the proprietor of M/S. R.P. Enterprise. Thereafter, by a general power of attorney Sri Paresh Ch. Sadhu Khan made development of the property as described in the schedule.
In this case the complainant has been examined. She has filed some documents. On perusal the documents it is found that money was paid to the M/S. R.P. Enterprise. In this case the M/S. R.P. enterprise did not contest the case. So, considering the facts and circumstances the evidence arose by the complainant remains unchallenged. So, the petitioner/ complainant have been able to prove the case ex parte.
C.F. paid is correct
Hence, it is
ORDERED,
That the instant consumer complaint being No. CC – 01//2015 be and the same is allowed on ex parte against M/S. R.P. Enterprise represented by its proprietor Shri Paresh Ch. Sadhu Khan but without cost .
The O.P M/S. R.P. Enterprise is directed to receive the rest amount of Rs.8,25,525/- from the complainant.
The complainant is directed to tender the amount to M/S.R.P. Enterprise by cheque or otherwise within one month from the date of this order. If the O.P. did not receive the amount tendered by the complainant, the complainant will have the liberty to execute the Deed for registration of the flat by paying the registration fee and stamp duty etc. through this Forum.
The O.P is further directed that after receiving the same amount will register the deed in respect of the flat as mentioned in the schedule of the petition in favour of the complainant within 15 days from the date of receipt of the rest amount in default on the part of O.P for registration of the deed in favour of the complainant, the complainant will have the liberty to execute the deed for registration through this Forum by paying the registration fee and stamp duty as applicable.
The complainant gets Rs.10,000/- as litigation. The O.P. is further directed to pay the litigation amount to the complainant within one month from the date of registration failing which it will carry the interest at the rate of 8% per annum on the litigation cost from the date of default till recovery. If the amount is not paid within the time as mentioned, the complainant will have the liberty to execute the order as per law.
Let a copy of this order be supplied to the complainant free of cost.
