FINAL ORDER/JUDGEMENT
Smt. SAHANA AHMED BASU, Member,
The case of the Complainant in brief, is that, husband of the Complainant NO.1 had entered into an unregistered Agreement for Sale dated 04/04/2004 with the OPs for purchasing a ownership flat on the 1st Floor measuring about 1000 sq.ft super built up area consisting of three bed rooms, one kitchen, two bathrooms, two balconies at a total consideration of Rs.8,20,000/- and on the date of signing the agreement for Sale Rs.5,50,000/- was paid through an A/C Payee cheque and Rs.2,70,000/- ws paid as per the terms of agreement by the husband of the Complainant NO.1. Thereafter the OP1 handed over the possession of the flat to the husband of the Complainant without registration. Husband of the Complainant No.1 requested the OP1 several times to execute the registered deed of the flat but the OP1 did not pay any heed to the request. Unfortunately the husband of the Complainant No.1 died on 04/03/2016 leaving behind the Complainant No. 1 & 2. The Complainants have been in possession of the flat for the last 15 years. On 09/09/2019 and 14/11/2019 the Complainant No.1 sent Legal Notice to the OPs for executing a registered deed in respect of the said flat. But no initiative have been taken on the part of the OPs till date. Finding no other alternative the Complainants have compelled to file this case before this Commission.
OP1 despite service of notice of the Complaint have failed to file Written Version within the statutory period. No request for condonation of delay or extension of time for filing written version is made. Therefore, right of the OP1to file WV is closed.Thus the case has proceeded ex parte against them.
OP2(i) has contested the case by filing WV wherein all the allegations madeout in the Complaint Petition has denied by the OP2(i). The case of the OP2(i) is that no Agreement For Sale was executed between the Complainants and the OP2(i) and no request was made by the husband of the Complainant No.1 to the OP2(i) to execute the registered deed. No Legal notices dated 09/09/2019 and 14/11/2019 is served upon the OP2(i). Hence no cause of action has arose against the OP2(i).
OP2(ii) has also contested the case by filing WV and denying all the allegations made out in the Complaint Petition by the Complainants. The case of the OP2(i) is that no Agreement For Sale was executed between the Complainants and the OP2(ii) and no request was made by the husband of the Complainant No.1 to the OP2(ii) to execute the registered deed. No Legal notices dated 09/09/2019 and 14/11/2019 is served upon the OP2(ii). Hence no cause of action has arose against the OP2(ii).
Ld. Advocate for the OP3 has entered by filing Vakalatnama but failed to file Written Version within the statutory period. No request for condonation of delay or extension of time for filing written version is made. Therefore, right of the OP3to file WV is closed. Thus the case has proceeded ex parte against them.
Ld. Advocate for the Complainants has advanced the case by adducing relevant evidences and documents. Per contra, OP2(i) & OP2(ii) did not rely upon any documents. We have gone through all the evidences and documents on record and gave a thoughtful consideration to the entire fact.On scrutiny of the record it is found that during the pendency of the case OP2, namely Smt. Usha Rani Dey died on 21/11/2019 and OP2(i) and OP2(ii) have been substituted as her legal heirs vide Amended Petition..
Evidently the Husband of the Complainant No.1 had entered into an unregistered Agreement for Sale with the OPs on 04/07/2004 and Complainants are in possession since delivery of the flatin question handed over to them by the OP1. On perusal of the record it is found that on 09/09/2019 and 14/11/2019 the Complainant No.1 sent Legal Notices to the OP1 to execute a Registered Deed in respect of the flat in dispute. As the OP1 chose not to file Written Version despite service of notice of Complaint, the above allegations of the Complainants are deemed to have been admitted as correct. There is also no doubt that the Complainant tried to resolve the dispute by sending sent Legal Notices dated 09/09/2019 and 14/11/2019 to the OP1.
OP1 is fully aware that they are liable to take responsibilities for executing the Registered Deed of the flat in question for which they have received the money from the husband of the Complainant NO.1. Husband of the Complainant No.1 hadinvested his hard earned money with the OP1 by purchasing the said Flat. If the said flat is not Registered then the OP1 is surely deficient to provide the service to the Complainants. It is also our considered view that OP2(i) & OP2(ii) (legal heirs of the deceased OP2) and OP3 being land owners cannot shook off their liability to execute the Registered Deed in favour of the Complainants.
Thus, the OP1 has adopted unfair trade practice, and in fact, remaining unturned on receipt of Legal Notices dated 09/09/2019 and 14/11/2019OP1 has undoubtedly adopted unfair means of trade. Complainants cannot wait indefinitely to get said flat Registered. Complainants have suffered mental agony, pain and harassment. To get the relief, Complainants have to wage a long drawn and tedious legal battle.
In view of the foregoing discussion, we are of the view that the Complainants are entitled to get relief/reliefs along with compensation and litigation cost.
Thus, the Consumer Complaint is allowed with following directions:-
- OPs are directed to execute and register the Deed of Conveyance of the said flat in favour of the Complainants within 45 days from the date of passing of this order.
- OP1 is directed to pay Rs.20,000/- only as compensation for mental agony, pain and harassment to the Complainant within the stipulated period.
- OP is further directed to pay a sum of Rs.10,000/- as cost of litigation to the Complainant within the stipulated period.
With these directions the present Consumer Complaint stands disposed of.
Liberty be given to the complainants to put the order in execution, if the OPs transgress to comply the order.
Copy of the Judgment be given to the parties as per rules
