17.11.2014

MR. TARAPADA GANGOPADHYAY, HON’BLE MEMBER

            The present Appeal has been filed against the judgment and order dated 26.2.2013 passed ex parte against the Ops by the Ld. District Consumer Disputes Redressal Forum, North 24 Parganas in C.C.Case No. 395/2012, directing the Respondents/Ops to pay cost of Rs. 3,000/- and also to execute and register the Deed of Conveyance in favour of the Appellant/ Complainant within 30 days from the date of order and further to deposit Rs.10,000/- as punitive damage with the State Consumer Welfare Fund, apart from depositing Rs. 100/- per day with the State Consumer Welfare Fund in case of failure by the Ops to comply with the said directions.

          The brief facts of the case are that the Appellant/Complainant entered into an ‘Agreement for Sale’ dated 8.2.2011 with the Respondents/Ops for purchase of a flat, the total consideration of which was agreed upon at Rs. 11,70,000/-, and accordingly, payment  was made by the Appellant/Complainant to the Respondents/Ops to the extent of Rs.8,85,000/- (Page-3 of Petition of Complaint, Running Page-9 of Memo of Appeal) with the term of payment of balance consideration, i.e. Rs. 2,85,000/- at the time of registration.  In the process, the Respondents/Ops handed over the possession of the flat to the Appellant/Complainant, but did not execute and register the Deed of Conveyance in favour of the Appellant/Complainant.  The Appellant/ Complainant also issued a Lawyer’s letter dated 12.6.2012 to the Respondents/Ops requesting for execution and registration of the Deed of Conveyance, but to no avail.  In this backdrop, the Ld. District Forum passed the impugned judgment and order in the aforesaid manner.  Aggrieved by such order the Appellant/Complainant carried the Appeal to the Commission.

          The Ld. Advocate for the Appellant/Complainant submits that the Ld. District Forum erred in observing Rs. 3,55,000/-, instead of Rs. 2,85,000/-, as due balance consideration of the flat, which has to be paid before execution and registration of the Deed of Conveyance in question.  It is further contended by the Ld. Advocate that the Appellant/Complainant paid Rs. 8,85,000/- out of total consideration of Rs. 11,70,000/-, leaving the balance consideration of Rs. 2,85,000/- for payment at the time of registration.  The Ld. Advocate finally submits that the impugned judgment and order should be modified to the extent of Rs. 2,85,000/- as payment of balance consideration, setting aside the order pertaining to payment of Rs.3,55,000/- as balance consideration.

          The Ld. Advocate for the Respondents/Ops submits that the Respondents/Ops have no objection to execute and register the Deed of Conveyance if the due consideration is paid in full.

          The Petition of Complaint and the  Advocate’s letter dated 12.6.2012 issued by the Appellant/Complainant to the Respondents/Ops reveal that the Appellant/Complainant paid Rs. 8,85,000/- (Page-3 of the Petition of Complaint, Running Page-61 of Memo of Appeal), out of total consideration of Rs. 11,70,000/-, to the Respondents/Ops and agreed to pay Rs.2,85,000/- being the balance consideration at the time of registration.

          From the materials on records, as mentioned above, it is established that due balance of consideration is Rs. 2,85,000/-, not Rs. 3,55,000/- as observed by the Ld. District Forum in the impugned judgment and order.

Therefore, the instant Appeal is allowed in part and the impugned judgment and order stands modified only to the extent that the balance consideration payable by the Appellant/Complainant to the Respondents/Ops is Rs.2,85,000/- in place of Rs. 3,55,000/-  as erroneously observed by the Ld. District Forum in the impugned judgment and order.  The remaining portions of the impugned judgment and order shall remain unaltered.  No order as to costs.