DIST. CONSUMER DISPUTES REDRESSAL FORUM
NORTH 24 Pgs., BARASAT.
M.A. No – 136/2018
Arising out of the E.A. 62/2013
Date of Filing Date of Disposal
11.05.2018 07.06.2018
Complainants:- 1. Bandana Barai,
W/o Sanjay Barai
2. Sunita Barai,
W/o Anjay Barai
Both of 41, Benarasi Ghosh Street,
P.O- Burrabazar,
P.S- Girish Park, Kolkata- 700007
=Vs=
OP/ OPs:- 1. Deb Rupayan Housing company Limited,
102/A Central Road, H.B. Town,
P.O- Sodepur, P.S- Kharday,
Dist- North 24 Parganas, Kolkata- 700110
2. Mr. Shekhar Debnath, Managing director,
Deb Rupayan Housing company Limited,
102/A Central Road, H.B Town,
P.O- Sodepur, P.S- Khardah,
Dist- North 24 Parganas, Kolkata- 700110=-
P R E S E N T :- Sri. Bankim Chadra Chattopadhyay…………….. President.
:- Smt. Silpi Majumder …………………. ………. ……. Member.
Order No-24
This order is arising out of the M.A. being no- 136/2018 filed by the Dhr in the E.A. no- 62/2013 praying for direction to the Jdrs to hand over some relevant documents which are required for registration and to appoint an Engineer Commissioner for holding spot verification for actual measurement as well as its location in presence of the both parties.
It is stated by the Dhrs in the application that due to deliberate non-compliance of the order of this Ld. Forum they are suffering from mental anxiety, agony and pain. On several occasion though the Jdrs were told for handing over the relevant documents for Execution and Registration of the Deed in respect of the land, but the Jdrs did not pay any heed to such request.
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It is stated by the Dhrs that the documents as sought for are very much required for registration, otherwise execution and registration of the deed of conveyance is not possible.
It is further submitted by the Dhrs that prior to registration of the questioned plot, the plot is required to be measured/ investigated by an Engineer Commission for actual measurement of the land and its location. For this purpose the Dhrs shall bear the entire cost. According to the Dhrs if this application is not allowed they will suffer irreparable loss and injuries and prayer is made by the Dhrs for allowing this application.
Upon receipt of the application the Jdrs have raised vehement objection stating that in a single application two fold prayer cannot be made and the Ld. Forum cannot entertain the same. For this reason the application being defective one cannot be allowed. Prayer is made by the Jdrs for dismissal of the application. During argument on the said application the Ld. Counsel for the Jdrs has fairly stated that they are agreed to deliver possession of the plot of land as mentioned in the schedule of the petition of the complaint as well as in the Schedule of the agreement for sale and also to execute and register the deed of conveyance in favour of the Dhrs. We have noticed that the Dhrs are inclined to get it registered through the machinery of this Ld. Forum. According to the Dhrs for such execution and registration of the deed of conveyance of the questioned plot some documents are required which is mentioned in the instant application. Hence, the Jdrs are directed to supply the documents as sought for by the Dhrs, if possible, to the Dhrs forthwith. As the Jdrs are agreed to deliver the possession of the plot of land hence for actual location and measurement of the plot appointment of an Engineer Commissioner is not necessary at this juncture.
In view of the aforementioned observation hence the MA being no- 136/2018 is hereby allowed in part on contest without any cost.
Fix. 11/12/2018 for handing over the required documents by the Jdrs as sought for by the Dhrs along with compliance of the balance portion of the order under execution by the Jdrs.
Member President
Dictated and corrected by
