Judgment : Dt.10.3.2017
This is a complaint made by (1) Subhasish Basu, son of Late Sudhir Chandra Basu and (2) Smt. Madhu Chhanda Basu, wife of Subhasish Basu, both of 12, Regent Estate, 3rd floor, P.O.- Regent Estate, P.S.- Jadavpur, Kolkata-700 092 against Nikunj Kumar Ghosh, son of Sunil Bhusan Ghosh of 510, Lake Gardens, Ground floor, P.O.- Lake Gardens, P.S.- Lake, Kolkata-700 045, praying for an order directing the OP to register the sale deed in favour of the Complainant No.2, in respect of the schedule flat and an order directing the OP to pay compensation of Rs.1,00,000/- for mental harassment and agony and further order directing OP to pay litigation cost of Rs.50,000/-.
Facts in brief are that Complainants are bona fide purchaser in respect of flat bearing No.301, consisting of three bed rooms, one drawing cum dining space, one kitchen, two toilets and two verandah measuring 1360 sq.ft. super built up area and a car parking space of 100 sq.ft.
Complainant entered into an agreement for sale with the OP on 24.8.2007 for purchase of the above mentioned flat at a consideration of Rs.16,00,000/-.
OP received Rs.50,000/- only by cheque on 30.4.2007 and thereafter in cash Rs.50,000/- on18.5.2007, Rs.3,00,000/- on 19.8.2007, Rs.5,00,000/- on 30.5.2007, Rs,1,00,000/- on 7.9.2007, Rs. 7,00,000/- by Bank Draft of Axis Bank Ltd. dt.22.11.2007, Rs.7,00,000/- by Bank Draft of Axis Bank dt.12.2.2008 and Rs.2,00,000/- by Bank Draft of Axis Bank on 24.6.2008 total about Rs.26,00,000/- from the Complainant.
OP received Rs.16,00,000/- in respect of the flat and Rs.10,00,000/- for extra work of the flat (furniture and fittings). After completion of extra work of the flat OP handed over the flat to the Complainant on September, 2008. After taking possession of the said flat, Complainant requested OP to execute the sale deed in favour of the Complainant No.2 and OP agreed to execute the sale deed. OP prepared the draft of sale deed on 11.8.2014 and OP put his signature. But, OP did not execute the sale deed. Thereafter, Complainant issued a notice to OP for making the deed of conveyance in favour of the Complainant No.2. But, OP did not oblige. So, Complainant filed this case.
OP filed written version and denied all the allegations of the complaint. OP has stated that this complaint is not maintainable and hopelessly barred by the law of limitation. Further, OP has refuted the allegation of the Complainants that there was an agreement for sale which was executed on 24.11.2007 for purchase of the flat and the price was fixed at Rs.16,00,000/-. Further, OP has stated that the facts that OP being the absolute owner of the flat agreed to sale the flat at the price of Rs.35,00,000/-. But, Complainants did not pay this money on the plea that total consideration money would paid at the time of registration. Further, OP has stated that it appears that the market value of the flat is about Rs.39.50-lakhs. So, OP has prayed for dismissal of this complaint.
Decision with reasons:
Complainant filed affidavit-in-chief wherein Complainants have reiterated the facts mentioned in the complaint petition. Against this OP filed questionnaire. Complainant has filed reply against the questionnaire. In this reply Complainant has stated that OP has purchased the said flat from M/s Griha Nirman Associates in the year 2006.
Similarly, OP has filed evidence against which Complainant has filed questionnaire to which OP has filed affidavit-in-reply.
Main point for determination is whether Complainant is entitled to the reliefs as prayed for.
At the outset, it is worthwhile to mention that the OP has alleged that the value of the flat at that time was Rs.35,00,000/-. If that be so, this Forum loses its jurisdiction to pass any order upon this complaint. Further, it appears that if there was any agreement for sale that was between two individuals and hence the facts of this complaint are not covered under Consumer Protection Act. A copy of the agreement for sale is filed. It also appears on perusal of the evidence, filed by both the sides as well as the questionnaire that this flat allegedly is as per the agreement for re-sale by the OP to the Complainant. Further, on perusal of the agreement, it appears that it has been signed by both the parties. Agreement discloses that the consideration was Rs.16,00,000/-. But, since the agreement for sale allegedly is entered between two individuals, we are of the view that it is covered by specific relief act and this Forum does not have any jurisdiction to pass any order over the complaint.
Hence,
ordered
CC/375/2016 and the same is dismissed on contest.
