For the Complainant                       -   Mr. Sourav Chakraborty, Advocate

For the OPs                                     -   Mr. Rabiuddin Ahmed, Advocate

FINAL ORDER/JUDGEMENT

SHRI SWAPAN KUMAR MAHANTY, PRESIDENT

This is an application u/s.12 of the C.P. Act, 1986.

            The facts in brief are that the complainant booked 440 sq. ft. flat on the ground floor and 694 sq. ft. flat on the 1^st  floor of Premises No. 101/1A, Kareya Road, Kolkata-7000017 with the OP-1 pursuant to a registered Memorandum of Understanding dated 11.11.2008. The sale price of the subject flats is Rs. 9,12,000/-. In terms of the Memorandum of Understanding, complainant has paid Rs. 6,50,000/- to the OP-1 against money receipts. The OPs have delivered possession of the subject flats to the complainant and the complainant has also spent a substantial amount for flooring, electrical fittings and wiring etc out of his own pocket. Despite of repeated request  and reminders, the OPs did not execute and register Deed of Conveyance  in respect of the subject flats upon receipt of balance sale price. Finding no other alternative, complainant issued legal notice dated 29.11.2017 to the OP-1 along with a draft Deed of Conveyance for their approval and registration. But the OPs did not approve the draft deed and execute the register Deed of Conveyance. The acts of the OPs are tantamount  to unfair trade practice and deficiency in service. Hence, the complainant is before this Forum seeking execution and registration of the Deed of Conveyance of the subject flats along with compensation.

The complaint has been resisted by the OPs by filing three separate Written Version admitting execution and registration of the Memorandum of Understanding dated 11.11.2008 and the OPs have delivered possession of the subject flats to the complainant within the six months from the date of registration of the Memorandum  of Understanding. The complainant did not pay the balance sale price violating the terms and conditions of the Memorandum of Understanding  but enjoying the subject flat. Hence, the OPs have prayed for dismissal of the complaint with cost of Rs. 5,00,000/-.

Decision with Reasons

            Both parties have tendered evidence through affidavit. They have also given reply against the questionnaires set forth by the adversaries. Both parties have also filed their Brief Notes of Arguments. We have heard the Ld. Advocates for the parties  and have also gone through the evidence as well as documents on record.

It is an admitted fact that the complainants booked the subject flats with OP-1 M/S. Elite Construction and the sale price of the subject flat is Rs. 9,12,000/-.The parties executed and registered Memorandum of Understanding on 11.11.2008 incorporating their respective obligations. It is also true that complainant has paid Rs. 6,50,000/- to the OP-1 as part payment against proper receipts and possession of the subject flats have already given to the complainant without receiving balance Sale price.

            The grievance of the complainant is that in spite of several request and reminders the OPs did not execute and register Deed of Conveyance of the subject flats upon receipt of balance sale price. Except legal notice dated 29.11.2017 no other document is forthcoming on the part of the complainant before the Forum to establish that request and reminders were sent  to the OP-1 in this regard. The OPs denied the grievance of the complainant  on the ground that they had handed over the possession of the subject flats to the complainant  in 2009 without receiving  balance sale price. Complainant  himself deferred the payment of balance sale price   but  enjoying the subject  flats without  paying full sale price and also avoided registration of Deed of Conveyance due to his financial problem.

Complainant was kept mum for about 07 years and he woke up on 29.11.2017 regarding execution and registration of the subject flats. Thus, the allegation of the complainant is not tenable as the situation has been created by the complainant  himself as he failed to pay the balance sale price of the subject flats to the OP-1. Had the complainant been seriously interested to get the deed executed in his favour  in that event he must remit the balance sale price of the flats to the OP-1 after getting possession. Consumer Forum are not meant to be a tool for indulging frivolous claim.

Based on the above discussion coupled with pleadings of the parties, evidence and documents on record, we are not inclined to allow any compensation and litigation cost to the complainant  as the complainant himself responsible for causing delay in the matter of execution and registration of the Deed of Conveyance.

In the result, the case succeeds in part.

Hence,

Ordered

That the complaint case be and the same is allowed on contest against the OPs in part. Parties do bear their own cost.

The OPs are directed to execute and register Deed of Conveyance of the subject flats in favour of the complainant after receiving balance sale price of Rs. 2,62,000/- (Rupees Two lacs Sixty Two thousand) only within sixty (60) days from the date of  this order. We make it clear that the cost of such registration shall be borne by the complainant.  In default, the complainant is at liberty to take recourse of the machinery of this  Forum for execution and registration of the Deed of Conveyance.

Liberty be given to the complainant to put the order in execution, if the OPs transgress to comply the order.