In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No.224/2011
1) Ms. Mithu Mukherjee,
11-B, Ashoka,
111, Dr. Meghnad Saha Sarani, Kolkata-29. ---------- Complainant
---Versus---
1) M/s Ashoka Housing Corporation,
11, R.N. Mukherjee Road, Nilhat House,
Kolkata, P.S. Hare Street.
2) Mr. Ashok Kumar Baid, Partner
M/s Ashoka Housing Corporation,
A-7, Ironside Apartment,
11/3-B, Old Ballygunge, 2nd Road,
Kolkata-19, P.S. Koreya. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Samiksha Bhattacharya, Member
Order No. 18 Dated 28-05-2013.
The case of the complainant in short is that o.p. no.2 as partner of o.p. no.1 entered into an agreement with the complainant on 23.3.1976 for sale and transfer of a self contained flat being Flat no.11B, on the 11th floor of the said premises measuring about 2390 sq.ft. at a consideration of Rs.1,60,960/-.
Upon construction of building at the said premises and on receipt of full payment of consideration money of the said flat o.ps. duly handed over the Flat no.”11-B” on the 11th floor of the said premises being no.111, Dr. Meghnad Saha Sarani, Kolkata-29. The money receipt of Rs.35,960/- dt.28.2.1978 in cash as full and final settlement was issued by o.ps.
Complainant upon taking physical possession of the Flat and payment of full consideration stipulated in the agreement for sale applied for mutation of flat in her name and Calcutta Municipal Corporation directed the complainant to deposit Rs.2055/- vide its letter dt.18.2.1993 and upon deposit of Rs.2055/-, CMC mutated the flat in the name of the complainant.
Complainant has also made payment of maintenance bill raised in the name of complainant as on and upto date. Complainant has also made payment of the last electricity bill raised in the name of complainant. And complainant on number of occasions requested the o.ps. to execute and register the deed of conveyance in respect of the said flat in her favour but on this plea or the other the o.ps. avoided the same. Ultimately by letter dt.22.2.11 complainant sent letters to o.p. nos.1 and 2 with two copies of draft deed of conveyance. But upon receipt of the same o.ps. avoided the same. Hence the case was filed by the complainant with the prayer contained in the petition of complaint.
O.ps. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.ps. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.
Decision with reasons:-
We have gone through the pleadings of the parties, evidence and documents in particular and we find that o.p. no.2 as partner of o.p. no.1 entered into an agreement with the complainant on 23.3.1976 for sale and transfer of a self contained flat being Flat no.11B, on the 11th floor of the said premises measuring about 2390 sq.ft. at a consideration of Rs.1,60,960/-.
We further find that upon construction of building at the said premises and on receipt of full payment of consideration money of the said flat o.ps. duly handed over the Flat no.”11-B” on the 11th floor of the said premises being no.111, Dr. Meghnad Saha Sarani, Kolkata-29. The money receipt of Rs.35,960/- dt.28.2.1978 in cash as full and final settlement was issued by o.ps.
It is seen from the record that complainant upon taking physical possession of the Flat and payment of full consideration stipulated in the agreement for sale applied for mutation of flat in her name and Calcutta Municipal Corporation directed the complainant to deposit Rs.2055/- vide its letter dt.18.2.1993 and upon deposit of Rs.2055/-, CMC mutated the flat in the name of the complainant.
It transpires from the record that complainant has also made payment of maintenance bill raised in the name of complainant as on and upto date. Complainant has also made payment of the last electricity bill raised in the name of complainant. And complainant on number of occasions requested the o.ps. to execute and register the deed of conveyance in respect of the said flat in her favour but on this plea or the other the o.ps. avoided the same. Ultimately by letter dt.22.2.11 complainant sent letters to o.p. nos.1 and 2 with two copies of draft deed of conveyance. But upon receipt of the same o.ps. avoided the same.
The cause of action of this case arose on 23.3.1976 and registration of deed of conveyance is a continuous cause of action and it is the settled principle of law.
In view of the findings above and on perusal of the entire materials on record we find that o.ps. had sufficient deficiency in service being service provider to their consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the case is allowed on contest with cost against o.ps. O.ps. are jointly and/or severally directed to execute and register the deed of conveyance in respect of the flat no.11B at 11th floor of 111, Dr. Meghnath Saha Sarani, Kolkata-29 in favour of the complainant and are further directed to pay to the complainant compensation of Rs.1,25,000/- (Rupees one lakh twenty five thousand) only for harassment and mental agony and litigation cost of Rs.10,000/- (Rupees ten thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost.
