This is an application u/s.12 of the C.P. Act, 1986.

          Complainant by filing this complaint submitted that sometime in the year 1999 he met with the OP for purchasing a self contained flat, at the office of the OP under P.S. Lalbazar jurisdiction and in terms of agreement dated 16-06-1999 the complainant was to be allotted Flat No.202 in Block ‘D’ at Kaikhali Enclave, Mother Teressa Sarani, Mondal Ganthi, P.S. Baguihati, Kolkata – 700 052 and total consideration paid amounting to Rs.5,06,400/- to the OP and on 11-10-2000 the OP has handed over the flat NO.202 in Block-‘D’ at Kaikhali Enclave and possession letter dated 11-10-2000 was issued by the OP accordingly.

          Thereafter, developer was desired to sale a car parking space to the intending purchaser of the residential flat and complainant being an intended purchaser approached OP for purchasing one medium car parking space reserved as car parking space partly in the ground floor of the said building and Memorandum of Agreement was executed on 24-05-2001 and the total consideration Rs.51,l000/- for the said car parking space was paid and possession was delivered to the complainant.

          Thereafter, complainant by letter dated 04-04-2003 requested the OP to get registration of the flat D-202 with Garage Space (D-001) of Kaikhali Enclave and on innumerable occasions complainant visited the OP for registration of the deed and ultimately served a letter on 14-02-2012 but OP did nothing and did not execute the same though OP brought to demand draft dated 29-03-2012 in favour of A.D.S.R., Bidhannagar, Salt Lake City, amounting to Rs.1,19,830/- and Rs.21,970/- drawn on State Bank of India, Park Circus Branch.

          Subsequently, complainant by letter dated 11-04-2012 had intimated the OP about the aforesaid facts and requested him to do the registration of Deed of Conveyance in respect of the flat and the Garage but anyhow OP did not respond for which said two demand drafts were cancelled on 12-04-2012.  Even after that complainant lastly sent a letter on 06-03-2013 but OP did not respond for which for negligent and deficiency manner of service complainant prayed for registration of the deed and also for compensation etc.

          On the other hand, OP by filing written objection submitted that the building had been completed and possession had been delivered to all the intending purchasers/ownewrs with all satisfaction and all of them registered their deed but fact remains complainant was totally reluctant to complete the transaction and by the letter dated 09-04-2003 the complainant was asked to pay the balance amount of Rs.14,000/- and to obtain the sale deed recording the fact that the possession has been delivered in October, 2000.  But even after that complainant did not prepare himself for registration and never reported to the OP.  So, in the eye of law this complaint is barred by limitation but other allegation as made by the complainant is completely false and fabricated and when complainant realize that it is time barred, he filed before this Forum and there was no laches on the part of the OP for which the present complaint should be dismissed.

Decision with Reasons

In the present case after proper assessment and evaluation of the complaint including written version and also the documents it is clear that there was an agreement for sale in respect of one flat and one garage and truth is that on completion of the said flat and garage possession was delivered to the complainant in the month of October, 2000.  But on 09-04-2003 OP reported the complainant to give balance amount of Rs.14,000/- but prior to that OP sent a letter on 12-09-2001 that flat was handed over to the complainant on 11-10-2000 but sale deed was not executed by him and which complainant is liable to pay tax etc. but again in respect of those letters there is no denial on the part of the complainant.  But from the letter dated 14-02-2012 issued by the complainant to the OP it is clear that OP has admitted by that letter that the registration of the said flat along with garage had not been made since long due to personal problem of the family of the complainant and prayed for registering of the same in the name of his wife and himself to that effect cooperation was sought for by the complainant from the OP for registration of the matter.

          From the said letter it is clear and proved that on 11-10-2000 complainant got possession of the flat and on 31-03-2001 he got possession of the garage respectively.  But from 2000 and 2001 till 14-02-2012 it is admitted position that it has not been registered for the family cause and financial problem of the complainant and that has been admitted by the complainant then it is clear that there was no laches on the part of the OP for registration of the sale deed and if there is any fault that is the fault of the complainant till 14-02-2012.  So, considering that admission letter of the complainant it is clear that OP had no fault for registration of the said deed but on 11-04-2012 complainant by sending a letter informed that he purchased Bank Draft for registration but before that no letter was sent to the OP for his preparation of the deed etc., no copy of the deed was sent to the OP prior to that.  So, considering that letter it is found that getting some more illegal benefit complainant tried to prove anyhow that he has no fault but we have gathered that the fault is on the part of the complainant for not registration of the same.

          No doubt in the present case complainant has tried to convince that some work has not been done but we are unable to accept such plea in view of the fact in the mean time 14 years had already been lapsed so, regarding incompleteness of the flat no such allegation can be entertained by this Forum legally but about registration we are convinced that registration must be made by the OP and it is their bounden duty but in the present case up to 2012 fault was on the part of the complainant.  So, complainant shall not have to get any further relief.  Only he shall get such chance to register the said deed and OP shall have to do that and in this regard complainant shall have to prepare the deed as per agreement and, thereafter, report to the OP for registration and if OP fails to register in that case the same shall be registered by this Forum.  But anyhow, since taking of possessions complainant shall have to pay municipal taxes, service taxes and other charges of maintenance of the flat to the OPs and also any service tax assessed by the Central Customs Department after registration of the flat and all costs shall be borne by the complainant in this regard.  At the same time complainant shall have to pay Rs.14,000/- to the OP which is due and no doubt that shall have paid by the complainant to the OPs on proper receipt within 45 days from the date of this order.

In the result, the case succeeds.

Hence,

Ordered

That the case be and the same is allowed on contest but without any against the OP.  

          Complainant is directed to prepare the final deed of conveyance and send copy of the same to the OP by registered post and OP shall have to report the date on which complainant shall be prepared himself for presentation of the deed with the help of the OP and accordingly, within 45 days from the date of this order OP shall have to execute a sale deed at the cost of the complainant and OP shall have to execute a sale deed at the cost of the complainant and complainant shall have to bear all costs in this regard.

          If OP is found reluctant to execute the same in that case no doubt complainant shall have to file such prayer before this Forum for execution and registration of the said sale deed on behalf of this OP by the Forum at the cost of the complainant and for that complainant shall bear all costs and service charges etc. for preparation and for placement of such by the authorized officer of this Forum for registration and execution of the same.  If OP does not execute and does not cooperate for the preparation of the deed within 45 days in that case OP shall have to pay the penal damages of Rs.30,000/- to this Forum in the account of President, D.C.D.R.F., Kolkata Unit-II, positively within 15 days after expiry of the stipulated period of 45 days as per this order.

          Complainant is directed to deposit Rs.14,000/- to the OP on proper receipt within the said 45 days and invariably prior to execution and registration of the said deed by the OP or by this Forum.

          If OP fails to comply the order within the stipulated period in that case penal proceeding shall be started and further interest shall be charged at the rate ofRs.300 per day till full and final execution and registration of the deed by this Forum and for that penal action shall be started against OP u/s.27 of the C.P. Act.