Dr.Manas Ballav Mondal, S/O Nalini Ballav Mondal. filed a consumer case on 17 Mar 2015 against Parimal Bhowmick, S/O Late Nagendra Lal Bhowmick in the South 24 Parganas Consumer Court. The case no is Cc/584/2014 and the judgment uploaded on 18 Mar 2015.
CC 584 of 2014 DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SOUTH 24-PARGANAS, ALIPORE, KOLKATA – 700 027
C.C. Case No.__584_____OF_____2014________
Date of Filing :_3.12.2014 Date of Passing Judgement: _17.3.2014
Present : President : Udayan Mukhopadhyay
Member(s) : Dr.(Mrs.) Shibani Chakraborty
Complainant : Dr. Manas Ballav Mondal,s/o Nalini Ballav Mondal of Flat no.E-3,
Second Floor, premises no.34, Garfa Main Road, P.S. Survey Park,
Kolkata – 75, and being postal address 57/1A, 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 580 sq.ft in the second floor E-3 with a consideration of Rs.4,58,000/- . Agreement for Sale was executed by the Developer O.P-6 on 20.11.1996 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 dated 19.11.1998 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
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