DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR,
KOLKATA-700 0144
C.C. CASE NO. __34_ _ OF ___2018
DATE OF FILING :_15.3.2018 DATE OF PASSING JUDGEMENT: _30.7.2018
Present : President : Ananta Kumar Kapri
Member(s) : Subrata Sarker & Jhunu Prasad
COMPLAINANT : Nabanita Chatterjee, wife of Sri Sanjoy Chatterjee of Block-B, Santoshpur, Govt. Colony, P.S Mahestala, Kolkata – 142.
O.P/O.Ps : M/s F.M. Complex, represented by its Proprietor Mr. Ajijul Molla, at Chakmir School Para, P.O & P.S Maheshtala, Kolkata – 141, presently residing at Chandannagar Purba Khanpara, Vivekananda Pally, P.S Maheshtala, Kolkata – 139. ,having its office at Chakmir School Para, P.O & P.S Maheshtala, Kolkata – 141.
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J U D G M E N T
Sri Ananta Kumar Kapri, President
The conspectus of the facts leading to the filing of the instant case is that the complainant entered into an agreement for sale with the O.P for purchasing a self- contained flat succinctly described in schedule to the complaint on 02.01.2015 and paid total consideration price of Rs.11,59,000/- on good faith. But execution and registration of the flat has not been done by the O.P as yet and completion certificate was not delivered to the complainant by the O.P. Repeated requests by the complainant to the O.P to execute the register the deed of conveyance in respect of the flat have turned into futile. So, the complainant has filed the instant case ,praying for execution and registration of the flat by the O.P , to hand over possession and completion certificate thereof and also for payment of compensation etc. Hence, this case.
The O.P made appearance in this case, but has not filed any written version to contest herein. So, the case is heard exparte against him .
The complainant has filed evidence on affidavit and the same is kept in the record after consideration.
DECISION WITH REASONS
Now to see whether the O.P is guilty of deficiency in service as alleged by the complainant .
It is stated on oath by the complainant that the deed of conveyance has not been executed and registered by the O.P in respect of the subject flat and that he has also paid the full consideration price of Rs.11,59,000/- to the O.P. It also transpires in his evidence that repeated requests have been made to the O.P to execute and register the deed of conveyance in respect of the flat to her and to deliver possession and also completion certificate , but the O.P has turned a dear ear to her requests and that she has been compelled, therefore, to file the instant case.
All these evidences of the complainant have remained unchallenged and uncontroverted. We have nothing to disbelieve the evidence of the complainant and having relied upon those evidence of the complainant, we do hold that the complainant has been able to establish the deficiency in service on the part of the O.P . Delay in delivery of possession and completion certificate and also in effecting registration of flat in favour of the complainant is undoubtedly a deficiency in service on the part of the O.P. The complainant is, therefore, entitled to get the relief as prayed for and the relief is provided accordingly as hereunder.
In the result, the case succeeds.
Hence,
ORDERED
That the complaint case be and the same is decreed exparte against the O.P with a cost of Rs.10,000/-.
The O.P is directed to execute and register the deed of conveyance in favour of the complainant in respect of the schedule property, to hand over possession and completion certificate thereof along with possession letter to the complainant within a month of this order and also to pay compensation of Rs.40,000/- to the complainant within a month of this order, failing which the compensation amount and the amount of cost will bear interest @10% p.a till full realization thereof.
Let a free copy of this order be given to the parties concerned at once.
President
I / We agree
Member Member
Dictated and corrected by me
President
