DIST. CONSUMER DISPUTES REDRESSAL FORUM
NORTH 24 Pgs., BARASAT.
C. C. NO-91/2017
Date of Filing: Date of Admission: Date of Disposal:
21.02.2017 02.03.2017 20.11.2018
Complainant :- Nilu Moorjani, W/o Lalu Moorjani,
76, Baracuda Road, Simpson Bay,
St. Maarten (DWI),
Netherland Antilles, Represented by the
Attorney namely-Leela Murjani,
D/o Late Goverdhandas Moorjani.
=Vs=
Opposite Parties:- 1. M/s. Sombit Associates, 4, Rashtraguru Avenue,
P.O. & P.s.-Dum Dum, Kolkata-700 028,
District-North 24 Parganas, West Bengal.
2. Sri. Chandan Dey, (Developers),
S/o Sri. Uma Pada Dey,
1/14, M.M. Ghosh Road,
P.S.-Dum Dum, P.O.-Motijheel,
Kolkata-700 074,
District-North 24 Parganas, West Bengal.
3. Sri. Sandeep Banerjee,
S/o Sri. Sanjit Mohan Banerjee,
42, Prafullya Nagar Colony, P.O.-Motijhel,
P.S.-Dum Dum, Kolkata-700 074,
District-North 24 Parganas, West Bengal.
4. Sri. Gouranga Chandra Roy (Land Owners),
S/o Late Jitesh Chandra Roy,
86, Narasingha Avenue,
Nayana Apartment, Flat no-C-2, Third Floor,
P.O.-Motijheel, P.S.-Dum Dum,
Kolkata-700 074,
District-North 24 Parganas, West Bengal.
5. Sri. Asit Baran Roy (Deceased).
5.(i) Rupali Roy, W/o Late Asit Baran Roy,
64, M.M. Ghosh Road, P.S.-Dum Dum,
Kolkata-700 074, District-North 24 Parganas,
West Bengal.
5.(ii) Jeet Roy, S/o Late Asit Baran Roy,
64, M.M. Ghosh Road, P.S.-Dum Dum,
Kolkata-700 074, District-North 24 Parganas,
West Bengal.
Cont…………………….2
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6. Sri. Debashis Roy,
S/o Late Jitesh Chandra Roy,
64, M.M. Ghosh Road,
P.S.-Dum Dum, Kolkata-700 074,
District-North 24 Parganas, West Bengal.
7. Smt. Molina Roy (Deceased),
W/o Late Jitesh Chandra Roy.
7.(i) Smt. Nomita Banerjee,
W/o Gourango Banerjee,
223/C/11, Dum Dum Road, P.S.-Dum Dum,
Kolkata-700 074, P.O.-Motijheel,
District-North 24 Parganas, West Bengal.
7.(ii) Smt. Rikta Roy, W/o Late Dilip Roy,
Krishna Nagar,
Vadjangla, Kalipur, District-Nadia.
7.(iii) Smt. Sabita Aich, W/o Bishnupada Aich,
23, Jogipara Road, P.O. & P.S.-Dum Dum,
Kolkata-700 028, District-North 24 Parganas,
West Bengal.
7.(iv) Smt. Mamata Sarkar,
W/o Sukharanjan Sarkar,
63/27, Dum Dum Road, Surya Apartment, Surer Math,
P.S.-Dum Dum, Kolkata-700 0074,
P.O.-Motijheel,
District-North 24 Parganas, West Bengal.
7.(v) Smt. Sumita Dutta, W/o Late Babul Dutta,
319/25, Jessore Road, Khudiram Colony,
P.S.-Dum Dum, Kolkata-700 074,
P.O.-Motijheel,
District-North 24 Parganas, West Bengal.
7.(vi) Smt. Kabita Nag, W/o Dilip Nag,
10/45/5, N.N. Road, P.O & P.S.-Dum Dum,
District-North 24 Parganas, West Bengal.
P R E S E N T :- Sri. Bankim Chandra Chattopadhyay………..…..President.
:- Smt. SilpiMajumder ……………………………………Member.
:- Smt. Monisha Shaw …………………………………….Member.
Judgment
This complaint is filed by the Complainants u/S 12 of the Consumer Protection Act, 1986 alleging deficiency in service as well as unfair trade practice against the OPs as the OPs did not register the deed of conveyance in respect of the questioned flat in her favour till filing of this complaint.
Cont…………………….3
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The brief fact of the case of the Complainant is that being intended to purchase one flat for residential purpose the Complainant approached before the OPs. The Complainant inspected the site of the proposed flat and expressed desire to purchase the same. The total consideration of the flat was scheduled at Rs.5,14,800/-. After completion of the construction as per the sanctioned building plan the owner’s allocation was provided to the land owners i.e. OP-4-7 as per the development agreement and the Complainant purchased the questioned flat from the developer’s allocation. On 15.09.2005 the Complainant entered into an agreement for sale with the developers and paid a sum of Rs.58,000/- in favour of the OP-1-3 as booking money. As per the terms and conditions of the agreement the Complainant paid a sum of Rs.5,22,980/- towards the consideration of the said flat to the OP-1-3. After completion of the construction the OP-1-3 have handed over the peaceful vacant possession of the said flat in favour of the Complainant. Since then the Complainant has been enjoying the possession. But the OPs did not take any step to execute and register the deed of conveyance in favour of the Complainant inspite of several requests including legal notice, but the said OPs did not bother to reply the same. As per the contract the OPs are liable to execute the sale deed in her favour but they have intentionally avoided and neglected to discharge their contractual liabilities till filing of this complaint. According to the Complainant such inaction of the OPs can be termed as deficient, for which the Complainant is entitled to get adequate compensation. As the OPs did not take any positive initiative to redress her grievance, hence having no other alternative the Complainant has approached before this Ld. Forum by filing this complaint praying for direction upon the OPs to execute and register the deed of conveyance in respect of the flat in her favour, failing which registration shall be executed through the machinery of this Ld. Forum, to pay the enhanced cost of registration, to pay compensation and litigation cost to her.
After admission of the complaint notices were issued upon the OPs, but as the notices could not be served upon them, the Complainant published the notices in the newspaper. Inspite of valid publication of notices as the OPs did not turn up to contest the complaint either orally or by filing written version, hence this ld. Forum was pleased to pass an order that the complaint will run exparte against the OPs. The Complainant has adduced evidence on affidavit.
We have carefully perused the record, documents filed by the Complainant and heard argument at length advanced by the Ld. Counsel for the Complainant. It is seen by us that the Complainant after making payment of the entire consideration money for the questioned flat has been residing therein and enjoying the flat along with other common facilities as per the agreement. The OP-1-3 have delivered peaceful vacant possession to her in the questioned flat. But the only allegation of the Complainant is that inspite of several requests along with written correspondences with the OPs for execution and registration of the deed of conveyance in her favour, but till filing of this complaint the OPs did not bother to take any positive initiative in this regard and hence this complaint.
Cont………………4
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In this respect we may mention to the judgment passed by the Hon’ble NCDRC in the case of M/s. Singla Builders & Promoters Limited vs Aman Kumar Garg, reported in 2018 (1) CPR 314 (NC), decided on 16.10.2017, wherein it has been held that ‘non-filing of written version to complaint amounts to admission of allegations levelled against them in consumer complaint.’
The abovementioned Ruling can be applicable in the case in hand as in the instant complaint inspite of publication of notices in the daily and well circulated newspaper, the OPs chose not to contest the complaint either by filing written version or orally. Therefore in view of the said judgment the allegations as made out by the Complainant in the petition of complaint can be admitted as no rebuttal is forthcoming against such allegations.
Upon considering the facts of the complaint we are of the opinion that the Complainant is very much entitled to get her flat registered in her favour as she paid the entire consideration amount and got peaceful possession therein long back. As per the agreement for sale it is the contractual obligation of the OPs to execute and register the sale deed in favour of the instant purchaser of the flat. But as the OPs have neglected to abide by the terms and conditions of the agreement in which they also put their signatures, hence such action of the OPs can easily be termed as deficiency in service on their behalf for which the Complainant is entitled to get compensation and by filing this complaint admittedly the Complainant has to incur some expenses, hence the Complainant is also entitled to get litigation cost form the OPs.
Going by the foregoing discussion hence it is ordered that the consumer complaint being no-91/2017 is hereby allowed exparte against the OPs with cost. The OPs are directed to execute and register the deed of conveyance in respect of the flat as per the agreement in favour of the Complainant within 45 days from the date of passing this judgment, in default the Complainant is at liberty to approach the Ld. Forum to get it registered through the machinery of this Ld. Forum. The OPs are directed either jointly or severally to pay compensation to the tune of Rs.7,000/- to the Complainant on account of harassment, mental agony and pain and litigation cost of Rs.3,500/- to the Complainant within 45 days from the date of passing this judgment, in default the Complainant will be at liberty to put the entire decree in execution as per the provision of Law.
Let plain copy of this order be given to the parties free of cost as per the CPR, 2005.
Member Member President
Dictated & Corrected by
