DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SOUTH 24 – PARGANAS ,
AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 0144
C.C. CASE NO. 51_ OF ___2015
DATE OF FILING : 29.1.2015 DATE OF PASSING JUDGEMENT: 19.01.2018
Present : President : Ananta Kumar Kapri
Member(s) : Subrata Sarker & Jhunu Prasad
COMPLAINANT : Sri Mrinal Kanti Roy Barman, son of late Sibabrata Roy Barman of 12D, Teli Para Lane, P.S Garfa, Kolkata – 700031 and permanent resident of Radhanagar near Radha Nadhab Sangha, P.O Lake Chowmoni, P.S West Tripura, Agartala, Pin-79901.
O.P/O.Ps : M/s Bakul Associates, 4/102, Kali Kumar Majumder Road, Santoshpur, P.S Purba Jadavpur, Kolkata – 75 ,represented by its Partners Sri Sanjib Mitra and Sri Santanu Bhowmick.
1. Sri Sanjib Mitra, son of Sri Arun Kumar Mitra of 15K, K.P Roy Lane, P.S Garfa, Kolkata – 700031.
2. Sri Santanu Bhowmick,son of late Amulya Bhusan Bhowmick of 34, Green Avenue, Santoshpur, P.S Purba Jadavpur, Kolkata – 700075.
- Sri Tapan Dhar,son of late Subal Dhar of 63, K.P Roy Lane, P.S Garfa, Kolkata – 700078.
- Sri Samar Dhar, son of late Subal Dhar of 63, K.P Roy Lane, P.S Garfa, Kolkata – 700078
- Sri Amar Dhar, son of late Subal Dhar of 63, K.P Roy Lane, P.S Garfa, Kolkata – 700078
- Smt. Sikha Das, wife of Sri Kartick Chandra Das of 63, K.P Roy Lane, P.S Garfa, Kolkata-700078.
- Smt. Papiya Chakraborty,w/o Sri Rabin Chakraborty of 28J/1B, Naktala ,Kolkata – 84.
- Sri Bhola Nath Dhar, son of late Sailen Chandra Dhar of 63, K.P Roy Lane, P.S Garfa, Kolkata – 78.
_____________________________________________________________________
J U D G E M E N T
Sri Ananta Kumar Kapri, President
Constant apathy on the part of the O.Ps to execute and register the deed of conveyance in favour of the complainant has galvanized the complainant to file the instant complaint under section 12 of the C.P Act, 1986 ,praying for registration of the conveyance deed ,compensation and litigation cost.
The facts leading to the filing of the instant case may be epitomized as follows :
The complainant as mentioned above wanted to purchase a flat measuring 725 sq.ft describ3ed in para 3 and also in first and second schedule to the sale agreement dated 29.7.2011 for Rs.13,50,000/- only and for that purpose, he entered into an agreement for sale on 29.7.2011 with the O.P of whom O.P nos. 1 and 2 are developers and O.P nos. 3 to 8 are the land owners . Consideration price of Rs.13,50,000/- was fully paid by the complainant to the O.P nos. 1 and 2 and thus the O.P nos. 1 and 2 also agreed to do required registration of conveyance deed in favour of the complainant by 30.4.21012. The possession of the flat was handed over to the complainant on 15.11.2013. Thereafter the complainant has repeatedly requested the O.Ps to execute and register the deed of conveyance in his favour in respect of the flat purchased by him but all these requests of the complainant has fallen on the deaf ear of the O.Ps and ,therefore, the complainant has filed the instant case ,praying for passing an order directing the O.Ps to effect conveyance deed in his favour and also to pay Rs.2 lac as compensation for mental agony and litigation cost and for enhanced stamp duty.
Hence, this case.
The O.P nos. 3 & 6 have filed a petition on 13.3.2015 stating therein that they have no objection to effect registration of the deed of conveyance in favour of the complainant.
The O.P nos. 1 and 2 have also filed a petition stating therein that the four owners i.e O.P nos. 4,5,7 and 8 have revoked the power of attorney which was executed in their favour and ,therefore, they are not in a position to effect a registered deed of conveyance in favour of the complainant. However, they are ready to execute and register the deed of conveyance in favour of the complainant if ordered by this Forum.
The O.P nos. 4,5,7 and 8 have filed written statement stating therein that the complainant cannot get the relief as prayed for by depriving them of their legitimate right. It is submitted by them that the complaint filed by the complainant is misconceived and bad in Law , that it does not disclose any ground for relief against these O.Ps and, therefore, the complaint deserves to be dismissed in limini against them.
Upon the averment of the parties the following issues have been formulated for effective adjudication of the case.
ISSUES
- Is the case maintainable in its present form and in Law ?
- Is the complainant entitled to get relief as prayed for ?
Evidence of the Parties :
The petition of complaint is treated as evidence of the complainant as per his petition dated 12.5.2015, kept in the record. The Brief Notes of Argument (BNA) have been filed by the complainant and also by O.P nos. 4,5 7 and 8 and the same are kept in the record.
DECISION WITH REASONS
Issue no.1:
This issue has not figured at all in the argument canvassed by the ld. Advocates of both the parties. On perusal of the petition of complaint, written version filed by the O.Ps, it is found that the complainant is a consumer and, therefore, the complaint is quite maintainable in its present form and in law.
Hence, this issue goes primarily answered in favour of the complainant.
Issue no.2:
In the instnt case the complainant has prayed for registration of the deed of conveyance in his favour by the O.Ps in respect of the subject flat which has been purchased by him. A copy of sale agreement dated 29.7.2011 is filed by the complainant and the same is kept in the record. On perusal of the sale agreement it is found that the complainant has purchased a flat which is succinctly described in first and second schedule to the sale agreement dated 29.7.2011. Consideration price of Rs.13,50,000/- has also been paid by the complainant to the O.P nos. 1 and 2 i.e the developers and the developers do never dispute the payment of such consideration money to them as alleged by the complainant. It is also stated by the complainant in the petition of complaint that the letter of possession was handed over to him on 15.11.2013 by O.P nos. 1 and 2. Now, the complainant prays for registration of the deed of conveyance in respect of the flat purchased by him . It has also come to the surface that the power of attorney which was executed by the land owners has been revoked and, therefore, developers i.e O.P nos. 1 and 2 expresses their inability to execute the registered deed of conveyance in favour of the complainant. To get a deed of conveyance registered in favour of the complainant ,who has purchased the flat, is the bounden duty of the developers and the land owners and where the complainant is ready to get that sale deed executed and registered in his favour, the developers and land owners cannot have any objection in that regard. They will have to execute and register the same in favour of the complainant.
Now to see whether the complainant is entitled to get compensation for mental agony and for enhancement of stamp duty.
The compensation must be in commensurate with the loss /injury suffered by the complainant. In the instant case, it is found that the letter of possession was delivered to the complainant by the developers on 15.11.2013. Since then, the conveyance deed has not been registered in favour of the complainant and by this time, the stamp duty has gone up. As a result of which complainant will have to expend much more amount on payment of enhanced stamp duty for the purpose of registration. This is the loss suffered by the complainant and such a loss can undoubtedly be attributed to the O.P nos. 1 and 2 who have delayed so far in getting the conveyance deed registered in favour of the complainant. That is why the complainant is entitled to get compensation for loss suffered due to enhancement of stamp duty and the compensation on this count is assessed at Rs.50,000/-.
The complainant has also prayed for compensation for mental agony suffered by him. It is found that he has paid Rs.13,50,000/- to the developers i.e O.P nos. 1 and 2 for purchase of the flat ; he paid the consideration money in full and, still, the flat was not registered in his favour by the O.P nos. 1 and 2. We can well imagine how a person will suffer mentally when he has parted with such a fabulous sums of money in favour of the developer. We have no doubt to hold that the complainant has undergone, like an ordinary human being tremendous mental agony due to negligent act of the developers not to effect the deed of conveyance in his favour and, therefore, the complainant is entitled to get compensation on this count and such compensation is determined at Rs.20,000/-.
Hence this issue is answered accordingly in favour of the complainant.
In the result, the case succeeds in part.
Hence
ORDERED
That the complaint case be and the same is allowed on contest against the O.Ps.
The cost of litigation is determined to be Rs.10,000/- and such cost is to be paid by the O.P nos. 1 and 2 who will remain jointly and severally liable for payment of cost.
The O.P nos. 1 and 2, who are jointly and severally liable, are also directed to make payment of Rs.50,000/-as compensation for enhancement of stamp duty , Rs.20,000/- as compensation for mental agony of the complainant and Rs.10,000/- as cost of litigation as referred to above totalling to Rs.80,000/- to the complainant within a month of this order ,failing which the compensation amounts as mentioned above will bear interest @12 p.a till full realization thereof.
At the same time, all the O.Ps are directed to execute and register the deed of conveyance in favour of the complainant in respect of the flat purchased by the complainant as described in the complaint as also in the first and second schedule of the sale agreement dated 29.7.2011 within a month of this order failing which complainant is at .liberty to get the same executed and registered through the machinery of this Forum.
Let a free copy of this order be given to the parties concerned at once.
President
We / I agree.
Member Member
Dictated and corrected by me
President
The judgment in separate sheet is ready and is delivered in open Forum. As it is ,
ORDERED
That the complaint case be and the same is allowed on contest against the O.Ps.
The cost of litigation is determined to be Rs.10,000/- and such cost is to be paid by the O.P nos. 1 and 2 who will remain jointly and severally liable for payment of cost.
The O.P nos. 1 and 2, who are jointly and severally liable, are also directed to make payment of Rs.50,000/-as compensation for enhancement of stamp duty , Rs.20,000/- as compensation for mental agony of the complainant and Rs.10,000/- as cost of litigation as referred to above totalling to Rs.80,000/- to the complainant within a month of this order ,failing which the compensation amounts as mentioned above will bear interest @12 p.a till full realization thereof.
At the same time, all the O.Ps are directed to execute and register the deed of conveyance in favour of the complainant in respect of the flat purchased by the complainant as described in the complaint as also in the first and second schedule of the sale agreement dated 29.7.2011 within a month of this order failing which complainant is at .liberty to get the same executed and registered through the machinery of this Forum.
Let a free copy of this order be given to the parties concerned at once.
Member Member President
