Date – 07.02.2022

SRI  SWADES  RANJAN  RAY

                                 President

It appears from the Case record that after receiving summon Opposite Party No.1, 2, 3 and 6 remained absent without any step.  As a result, this case proceeded ex parte against Opposite Party No.1, 2, 3 and 6.

Opposite Party No. 4 and 5 files Written Version.  Thereafter, Opposite Party No. 4 and 5 remained absent without any step.  Hence, this case proceeded ex parte against Opposite Party No. 4 and 5.

Fact of this case, in short, is that the Opposite Parties Nos. 1 is a Partnership Firm concern engaged in construction of houses and building and other infrastructure facilities in different parts of Kolkata.  That the Opposite Party No. 2 to 4 are the partners of Opposite Party No.1 having its address at 9, Binode Saha Lane, P.S. Burtolla, Kolkata-700006 under the jurisdiction of this Commission.  That the Opposite Party Nos. 5 and 6 are the land owners of the property where the building was erected.

That the Opposite Party Nos. 1 to 4 made a offer to sell self contained and independent flats to be constructed at 23/C, Wards Institution Street, P.S.- Narkeldanga, with K.M.C. sanction Plan No. (B-4) 14.04.1991.  That the Opposite Party Nos. 1 to 4 were completed the construction works within  18.04.1996.

That the Complainant had booked a self contained flat measuring about 532 sq. ft.  more or less on the southern side of the ground floor of the said building from the Opposite Party at an amount of ₹2,95,000/- (Rupees Two lakh Ninety Five thousand only) for residential.

That the Complainant from the time to time paid ₹2,95,000/- to the Opposite Party No. 1 to 4 by cheque and cash.

That the Complainant after completion of the project got the physical possession over the said flat dated 18.04.1996 from the Opposite Party Nos. 1 to 4 but Opposite Party did not willing to Register the said flat till today.  The Opposite Party reluctant to registry the flat against some vague plea which is not permissible in law.

That the Complainant had shocked that the Opposite Parties had accepted the entire money but they did not take any step to Register Deed of Conveyance in favour of the Complainant.

That the Complainant had requested time to time for Registration of Deed of Conveyance for last 20 years but the Opposite Party refused to Register the said flat as per their promise till today.

Hence, this complaint case,

Points for decision

                                      I. Whether Complainant has any cause of action to file this case or not?

                                      II. Whether there is any deficiency of service on the part of Opposite Parties or not?

                                     III. Whether Complainant will entitle to get any relief / reliefs as prayed for or not?

Decision with reason

All these points are taken up together for sake of convenience and brevity.

In support of this complaint case, Complainant filed Affidavit in Chief, Brief Note of Argument (BNA) and other related documents.

I have carefully perused the petition of complaint, Affidavit in Chief and Brief Note of Argument (BNA) of Complainant.  It is admitted position that the Complainant booked a flat as per agreement and paid ₹2,95,000/- and got possession of the said flat as per agreement on 18.04.1996.  But the Opposite Parties refused to Register the said flat.

In my view, refused to register the flat by the Opposite Parties is amount to deficiency in service on the part of Opposite Parties under Section 2(11) of the Consumer Protection Act, 2019 and Complainant has cause of action to file this case.

Moreover, there is nothing before this Commission to disbelieve the unchallenged testimony of the Complainant.

Hence, all the points disposed accordingly.

In the result this complaint case succeeds and Complainant will entitle to get relief as prayed for.

Court fee paid correct.

Hence, it is,

                                               O R D E R E D

that the complaint case be and the same is allowed ex parte against all the Opposite Parties.

Opposite Parties are directed to register the flat as per scheduled i.e. :

Schedule of flat

“All that covered space of measuring an area of 532 sq. ft. more or less on the Ground Floor Southern Side at premises no. 23/C, Wards Institution Street, P.S.-Narkeldanga, Kolkata – 700006, Marked as   GS-2 together with proportionate undivided share in land on which the entire building has been constructed and also equal and common right over and in respect of common area and common facilities available to all the owners and occupiers of the said building and required of peaceful use of the covered space intended to be purchased including main entrance, stairs, lobbies, passages roof, of the 4^th floor, underground and over head reservoirs, side space, drains water connection etc.”

within One (1) month from the date of this order.

Opposite Party are directed to pay jointly and severally of ₹15,000/- (Rupees Fifteen Thousand only) for mental pain and agony and ₹8,000/- (Rupees Eight Thousand only) for litigation cost in favour of Complainant within 1 (One) month from the date of this order.

Liberty given to the Complainant to file Execution Case in case of failure to comply the order within schedule time as mentioned in this order.

Hence, this complaint case is disposed of accordingly.

Let a copy of this judgement be handed over to the Complainant at free of cost.