Present : Sri A.K. Das, President
Sri L.K. Banerjee, Member
Order no. 11 dt. 30.10.2007
The petitioner of this consumer complaint have prayed for a direction upon o.p. no.1 to 8 to register deed of conveyance in respect of ‘B’ schedule property as there was deficiency in service on the part of the o.p. refusing / denying to execute deed of conveyance even after receiving entire consideration money.
The notice of the consumer complaint were sent to o.p. nos.4 to 8 under registered post in their correct address but same were returned unserved with remark ‘not claim’. The complainants have filed affidavit of service. Accordingly, services of notice upon them were accepted. The o.ps. did not appear. The o.p. nos.1 to 3 have appeared after service of notices and have filed w/v.
The o.p. nos.1 to 3 are developer and o.p. nos.4 to 8 are legal heirs of Prafulla Ratan Das Sarkar who executed a development agreement on 28.4.2000, annex-‘A’, in favour of o.p. nos.1 to 3 and also a power of attorney.
An agreement dt.4.2.02 for sale of ‘B’ schedule property was executed in between petitioners and o.p. nos.1 to 3 and in terms of said agreement complainant paid entire consideration money of Rs.5,41,450/-.
The owner Prafulla Ratan Das Sarkar expired on 31.5.05 leaving o.p. nos.4 to 8 as legal heirs.
The o.p. nos.1 to 3 in pursuance of agreement dt.28.4.2000 and power of attorney developed the ‘A’ schedule property and sold one flat to the complainants who paid the entire consideration money to o.p. nos.1 to 3 in compliance of said agreement.
The petitioners repeatedly requested o.ps. to execute the deed of conveyance in their favour but they did not do it. Hence petitioners have demanded above relief.
The o.p. nos.1 to 3 have contended in their w/v that they have no intention to deceive the petitioners, they are very much willing to get the deed of conveyance executed by the o.p. nos.4 to 8 and registered the same but could not do so as legal heirs of Late Prafulla Ratan Sarkar, the original owner are avoiding to execute a fresh Power of Attorney in their favour on the event of revocation of the earlier power due to death of Late Prafulla Ratan Das Sarkar. Now these o.ps. have no power and authority to execute deed of conveyance in favour of the petitioner without any registered Power of Attorney from the respondent o.p. nos.4 to 8. The o.p. nos.1 to 3 have requested o.p. nos.4 to 8 on several occasions to execute deed of conveyance in favour of the petitioners directly or to execute a General Power in favour o.p. nos.1 to 3 but they failed to do so.
It is evident from the record and the statements of petitioners and o.p. nos.1 to 3 that there is no dispute regarding realization of consideration money from the petitioners by o.p. nos.1 to 3 in terms of agreement for sale. The o.p. nos.1 to 3 are also agreeable to execute the deed of conveyance. But due to death of original owner Late Prafulla Ratan Das Sarkar the Power of Attorney executed by him has become revoked and his legal heir o.p. nos.4 to 8 did not execute any further power of attorney in his favour even after request. The petitioner got possession of the flat on 15.3.04 on payment of entire consideration money excepting registered of deed of conveyance. There is no other materials on record disputing / challenging the contentions of complainants and o.p. nos.1 to 3. The petitioners could not get the deed executed due to non execution of Power of Attorney in favour of o.p. nos.1 to 3 or non execution of deed of conveyance in favour of petitioner by o.p. nos.4 tt 8. Therefore, it is established that there is total deficiency in service on the part of o.p. nos.4 to 8 which caused harassment to the petitioners.
In the above circumstances petitioners are entitled to relief and this consumer complaint accordingly succeeds and it is awarded in the following terms.
The o.p. nos.4 to 8 are directed either to execute Power of Attorney in form entitling o.p. nos.1 to 3 to execute deed of conveyance in favour of petitioners or to execute deed of conveyance in favour of petitioners within three months from date, failing which such execution of deed of conveyance will be done through forum. The petitioners do incurred all incidental cost with reference to execution of such deed of conveyance. The o.p. nos. 4 to 8 are also directed to pay compensation Rs.3000/- (Rupees three thousand) only and litigation cost Rs.1000/- (Rupees one thousand) only within three months from date, failing which it will carry an interest @ 8% p.a. till realization.
Let copy of this order be supplied to the parties free of cost.
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Member President
