West Bengal

South 24 Parganas

Cc/585/2014

Dr. Ranjan Kr. Saha, S/O Radha Pada Saha, and Nine Saha, Wife of Ranjan Kr. Saha - Complainant(s)

Versus

Parimal Bhowmick, S/O Late Nagendra Lal Bhowmick - Opp.Party(s)

09 Mar 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

SOUTH 24-PARGANAS, ALIPORE, KOLKATA – 700 027

                                                       C.C. Case No.__585_____OF_____2014________

Date of Filing :_3.12.2014                                                                             Date of Passing Judgement: _17.3.2015

Present                                :               President       :   Udayan Mukhopadhyay

                                                Member(s)    :   Dr.(Mrs.) Shibani Chakraborty

Complainant                      :  Dr. Ranjan Kumar Saha,s/o Radha Pada Saha and Nina Saha ,wife of Ranjan Kumar Saha  of Flat no.C-3, D-3,    Second Floor, premises no.34, Garfa Main Road, P.S. Survey Park, Kolkata – 75, and being postal address 57/1/A, Garfa Main Road, Kolkata – 75.

                                                                                                                -Versus-

O.P/O.P(s)                                          :  1.   Parimal Bhowmik

                                                                   2.  Bimal Bhowmick

                                                                  3.    Suman Bhowmick

                                                                  4.   Kishore Bhowmick

                                                                 5.   Chhaya Bhowmick

 All sons of and daughter of late Nagendralala Bhowmick and Hiran Bala Bhowmick of 34/1, Garfa Main Road, Postal address 57/1A, Garfa Main Road, P.S. Survey park, Kolkata – 75.

6.     Arnab Construction, of 89E, Garfa Main Road, Kolkata – 75,

represented by its Proprietor Susmita Guha ,wife of Ajanta Guha.                                           

                                                                                                JUDGEMENT

Sri Udayan Mukhopadhyay, President

 

The complainant’s case in short is that he made one agreement for sale with the O.Ps in respect of one flat measuring 950 sq.ft in the second floor C-3 and D-3 with a consideration of Rs.6,89,000/- . Agreement for Sale was executed by the Developer O.P-6 on 15.12.1997 and the other O.Ps are the land owners who made  development agreement with the O.P-6. The developer O.P-6 received total consideration money time to time and thereby entire consideration money has already been paid and complainant is in possession along with car parking space out of the allotment of the developer. It may be mentioned here that complainant took physical possession of incomplete flat due to unforeseen circumstances i.e. Incharge of the developer met an accident and the entire construction work was for the time being delayed and stopped ,for which complainant subsequently completed the remaining work and took possession. Now the question is that the complainant is ready and willing to bear all necessary for registration but the same is not happening and hence this case.

 

Insptie of sending notice case is fixed for exparte argument. When none appeared  to challenge the averment of the complaint filed by the complainant.

 

                                                                                Decision with reasons

We have perused the money receipts , amicable partition deed amongst the co-sharer of the land as well as development agreement and agreement for sale , General Power of Attorney and we find that complainant rightly made agreement for sale with the O.P-6 and thereafter complainant got possession certificate  and has been possessing the same peacefully except deed of conveyance. We have nothing to disbelieve the unchallenged averment of the complainant supported by affidavit .

Hence,

                                                                                                Ordered

That  the complaint case is succeed exparte against the O.Ps with cost of Rs.5000/-.

That the O.ps are directed to execute and register the deed of conveyance in respect of the B Schedule property in favour  of the complainant and complainant will bear all the cost of registration and stamp duty ,within 30 from the date of this order ,failing which, the machinery of the Forum will be appointed on the prayer of the complainant who will execute and register the deed of conveyance on behalf of the Forum ,so that the O.Ps may not harass the common litigant after accepting their good money. The Registering Authority is also directed that if the complainant compels to get the registration of deed of conveyance through the representative  of the Forum , in that event Pan Card is not mandatory but he can ask Pan Card from the complainant and send notice after registration of deed of conveyance to the O.Ps except the representative of the Forum for production of Pan Card . But for that reason none will be harassed in delaying registration of deed of conveyance.

                The case is thus disposed of.

                Let a plain copy of this order be served upon the parties free of cost.

 

                                               

                                                                                                Member                                                              President

 

Dictated and corrected by me

 

 

                                President

 

 

 

 

The judgement in separate sheet is ready and is delivered in open Forum. As it is

Ordered

That  the complaint case is succeed exparte against the O.Ps with cost of Rs.5000/-.

That the O.ps are directed to execute and register the deed of conveyance in respect of the B Schedule property in favour  of the complainant and complainant will bear all the cost of registration and stamp duty ,within 30 from the date of this order ,failing which, the machinery of the Forum will be appointed on the prayer of the complainant who will execute and register the deed of conveyance on behalf of the Forum ,so that the O.Ps may not harass the common litigant after accepting their good money. The Registering Authority is also directed that if the complainant compels to get the registration of deed of conveyance through the representative  of the Forum , in that event Pan Card is not mandatory but he can ask Pan Card from the complainant and send notice after registration of deed of conveyance to the O.Ps except the representative of the Forum for production of Pan Card . But for that reason none will be harassed in delaying registration of deed of conveyance.

                The case is thus disposed of.

                Let a plain copy of this order be served upon the parties free of cost.

 

                                               

                                                                                                Member                                                              President