Judgment : Dt.1.12.2017

Mrs. Balaka Chatterjee

            This petition of complaint is filed under section 12 of C.P.Act by Smt. Baby Devi alleging unfair trade practice against opposite parties – (1) M/S S.S. Construction (a) Sri Subhasis Das Gupta, (b) Sri Sankar Ghosh & (2) Sri Sanoj Kumar Bhowmik.

            Case of the Complainant in brief is that she entered into a tripartite agreement for sale dt.30.11.2014, executed by and between the developers, the land owner and the Complainant being the purchaser in respect of a self contained flat having super built up area of 325 sq.ft. more or less on the ground floor (South West side) comprising of one bed room, one drawing cum dining room, one kitchen, one toilet at a proposed multi storied building together with undivided proportionate share of land within the KMC premises No.83A, Nabanagar, Kolkata-700 032 under Ward No.96. Agreed consideration of the said flat is Rs.8,25,000/- out of which the Complainant, as stated by her, has paid Rs.7,80,000/- and expressed her willingness to pay the balance amount of Rs.45,000/- at the time of registration of Sale Deed. It is further stated by the Complainant that the developer handed over possession of the said flat vide letter dt.2.5.2015 to the Complainant and since then the Complainant has been residing in the said flat. It is further stated by the Complainant the developer had undertaken to execute and register the deed of conveyance in favour of the Complainant within one month from the date of delivery of possession of the said flat but, fact remains that, they are yet to do the same. The Complainant claims to have requested the developer at least on ten occasions to execute and register the deed of conveyance but all were in vain. According to the Complainant this willful negligence on the part of the opposite party compels the Complainant to incur additional expenditure towards stamp duty and registration fees as those are increasing day by day. Accordingly, the Complainant has prayed for direction upon the opposite parties to execute and register the deed of conveyance I n respect of second schedule flat in favour of the Complainant, to pay compensation to the tune of Rs.1,00,000/-, to pay Rs.1,00,000/- for unfair trade practice and increasing stamp duty, to pay Rs.25,000/- towards litigation cost and interest @ 2% per month upon the awarded amount till realization and such other orders.

            Notices were served upon the opposite parties but they did not turn up. So, the case was fixed for ex-parte hearing vide order No.9 dt.14.11.2017.

            The Complainant filed affidavit-in-chief annexing photo copies of title deed dt.12.06.2006, development agreement dt.10.7.2013, power of attorney dt.15.7.2013, sale agreement dt.30.11.2014, possession letter dt.2.05.2015, money receipt dt.8.2.2015, 8.3.2015, 23.3.2015, 22.4.2015, 2.5.2015, tax receipt and application to CESC for new meter.

Decision with reasons

            It is evident from the documents on record that the Complainant entered into agreement for sale with the developers and land owner in respect of a self contained flat measuring about 325 sq.ft. super built up area, more or less, on the ground floor (South-West side), comprising of one bed room, one drawing cum dining room, one kitchen, one toilet of the said building together with undivided proportionate share of land underneath and common use and benefits lying and situated at KMC premises No.83A Nabanagar, Kolkata-700 032, under Ward No.96.

            It is also evident that the consideration amount was fixed at Rs.8,25,000/-. It is further evident from letter dt.2.5.2015 issued by the OP developer to the Complainant for delivering possession of the said flat that the Complainant had paid Rs.7,75,000/- out of Rs.8,25,000/- towards consideration amount and a balance amount of Rs.50,000/- decided to be paid at the time of registration of deed of conveyance. The Complainant has claimed to have requested the OP developers, on several occasions for registration of deed of conveyance but no documentary evidence has been adduced to that effect. No document too has been brought forward before us wherefrom it would have been evident that she offered balance amount of consideration of Rs.50,000/- to the developers. Therefore, the allegations regarding willful negligence as well as unfair trade practice on the part of the OPs have not been sustained.

            However, the Complainant has entered into an agreement for sale in respet of the flat in question and received possession of the said flat after making payment of consideration of Rs.7,75,000/-. However, unless and until the registration of deed of conveyance is not executed in favour of her, the process of transfer of the said property shall not be completed.

            It is evident from the record that neither of the OPs has turned up even after receiving of notice. Therefore, we think it is just and proper if the Complainant deposits the balance amount of consideration of Rs.50,000/- with the State Consumer Welfare Fund and get her flat registered by executing a deed of conveyance.

          Under such state of affairs, we are inclined to direct the OPs to execute and register the deed of conveyance in favour of the Complainant within one month but if they are found non-responding the Complainant may get her flat registered through machinery of this Forum. Considering the circumstances, no compensation and cost is allowed.

            Hence,

ordered

            That CC/291/2017 and the same is allowed in part ex-parte against the OPs without compensation and cost.

            The Complainant is directed to deposit Rs.50,000/- with the State Consumer Welfare Fund.

           The opposite parties are directed to execute and register the deed of conveyance in respect of the flat situated at KMC premises No.83A, Nabanagar, Kolkata-700 032, Ward No.96 in favour of the Complainant within one month from the date of communication of this order, failing which the Complainant may get her flat registered through the machinery of this Forum.