DATE OF FILING : 20-02-2013.
DATE OF S/R : 07-04-2013.
DATE OF FINAL ORDER : 27-08-2014.
Smt. Krishna Dutta,
widow of late Manindranath Dutta,
residing at 7/1, Baishnabpur 1st Bye Lane, P.S. Shibpur,
Distrtict – Howrah,
PIN – 711102.-------------------------------------------------------------------- COMPLAINANT.
- Versus -
1. M/S. OM SHIVA SHREE,,
represented by its proprietor Sri Jayanta Debnath,
son of Kamal Chandra Debnath,
residing at 10/1/1, Nilratan Mukherjee Road,
P.S. Shibpur, District – Howrah,
PIN – 711102.
2. Sri Sajal Kumar Chatterjee,
3. Sri Amal Kumar Chatterjee,
both sons of late Siba Prasad Chattopadhyay,
residing at 1, Gora Chand Roy Lane, P.S. Shibpur,
District – Howrah, PIN – 711102.
4. .Sri Chandan Bandopadhyay,
5. Pradip Bandopadhyay,
both sons of late Phani Bhusan alias Phanindar Nath Bandopadhyay
residing at1/1, Gora Chand Roy Lane, P.S. Shibpur, District – Howrah,
PIN – 711102.
6. Smt. Chhaya Mukherjee,
daughter of late Phani Bhusan alias Phanindra Nath Bandopadhyay
and wife of Sri Jagadish Mukherjee, residing at Charu Chaya,
Plot no. 158, Hizli Co-operative Society, Kharagpur,
PIN – 721 306.
7. Smt. Pranati Khatua,
daughter of late Phani Bhusan alias Phaniridra Nath Bandopadhyay
and wife of Sri Amiya Ratan Khatua,
residing at Ajanta Housing Complex, Chandmari Road, Bakultala,
P.O. Danesh Sk. Lane, P.S. Shibpur, District – Howrah,
PIN – 711 109.-----------------------------------------------------OPPOSITE PARTIES.
P R E S E N T
President : Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.
Member : Shri P.K. Chatterjee.
Member : Smt. Jhumki Saha.
F I N A L O R D E R
1. The instant case was filed by complainant U/S 12 of the C.P. Act, 1986 wherein the complainant has prayed for direction upon the o.ps. to execute and register the proper sale deed with respect to the ‘B’ schedule property and to pay compensation to the tune of Rs. 3 lacs and litigation costs of Rs. 50,000/- as the o.p. no. 1 in spite of receiving Rs. 4 lakhs out of total agreed amount of Rs. 6 lakhs did not make over the possession nor did execute and register the sale deed after receiving the balance amount.
2. The o.p. no. 1 in his written version contended interalia that there is no latches on the part of the o.p.; that the complainant is not interested to pay extra amount for the 100 sq. ft. extra area; that the flat measures after construction 600 sq. ft.
3. The o.p. nos. 2 & 4 in their written version contended interalia that they are totally in the dark about the agreement between o.p. no. 1 & complainant.
4. The o.p. nos. 5, 6 & 7 in their written version stated that they have no knowledge regarding the agreement between the o.p. no. 1 and the complainant.
5. Upon pleadings of both parties two points arose for determination :
i) Is there any deficiency in service on the part of the O.Ps. ?
ii) Whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
6. Both the points are taken up together for consideration. Admittedly the agreement
between the parties was with respect to 500 sq. ft. flat and not for 600 sq. ft. as claimed by the o.p. Admittedly the o.p. no. 1 received Rs. 4 lakhs on 25-06-2013 from the complainant out of the total agreed amount of Rs. 6 lakhs. At the time of argument, the ld. lawyer for the o.p. no. 1 consented that the flat would be ready within three months. Considering this submission we are of the view that the complaint shall be allowed in terms of the prayer. Both the points are accordingly disposed of.
Hence,
O R D E R E D
That the C. C. Case No. 86 of 2014 ( HDF 86 of 2014 ) be and the same is allowed on contest with costs as against the O.Ps.
The O.P. no. 1 is directed to execute and register proper sale deed in favour of the complainant with respect to the schedule ‘B’ mentioned flat within 90 days from the date of this order after receiving the balance amount.
The o.p. no. 1 do pay a sum of Rs.5,000/- as litigation to the complainant.
No order as to compensation as prayed for.
The complainant is at liberty to put the decree into execution after expiry of the appeal period.
Supply the copies of the order to the parties, as per rule.
DICTATED & CORRECTED
BY ME.
( T.K. Bhattacharya )
President, C.D.R.F.,Howrah.
