FINAL ORDER/JUDGEMENT
Smt. SAHANA AHMED BASU, Member,
The case of the Complainant, in a nutshell, is that, the Complainant purchased a flat measuring about 969 sq.ft on 3rd Floor in Block Shivay lying and situated at 67, S.N. Roy Road, P.S. – Behala, Kolkata – 700038 from the OPs by executing an Agreement for Sale dated26/05/2006 and paid the total consideration amount of Rs.12,75,000/- to the OPs. Possession of the said flat handed over to the complainant by the OPs. Thereafter the Complainant sent a letter to the Ops requesting them to execute and register the Deed of Conveyance in respect of the said flat. In reply the OPs intimated the Complainant vide email that a sum of Rs.5,14,539/- shall have to pay by the Complainant prior to the date of registration to the OPs in the name of Registry Holding Charges. Therefore finding no other alternative the Complainant approached this Commission praying relief/reliefs.
Upon service of notice OPs did not appear before the Commission to defend themselves and no WV is filed on behalf of them within stipulated period. Thus the case runs ex parte against them.
Complainant has tendered evidence supported by affidavit. We have gone thoroughly evidence adduced by the Complainant including documents on record and gave careful consideration to the arguments advanced by the Ld. Lawyers for the parties.
Evidently the Complainant has purchased the suit property from the OPs vide an Agreement dated 26/05/2006 and paid the entire consideration amount of Rs.12,75,000/- to the OPs. There is also no doubt that the Complainant is in possession of the said flat since delivery of the possession. Ld. Advocate for the Complainant alleged that the OPs charged a sum of Rs.5,14,539/- as Registry Holding Charges from the Complainant vide email dated 24/12/2022 to execute and register the Deed of Conveyance in respect of the suit property. Photocopy of the said email furnished by the Complainant support this contention.On scrutiny of the record we noticed that there is no whisper of aforesaid Chargesin the four corner of the Agreement dated 26/05/2006. In this regard we may refer the Section 24 and Section 25 of The Registration Act, 1908 wherein it is stated that:
24.Documents executed by several persons at different times.—Where there are several persons executing a document at different times, such document may be presented for registration and re-registration within four months from the date of each execution.
25. Provision where delay in presentation is unavoidable.—(1) If, owing to urgent necessity or unavoidable accident, any document executed, or copy of a decree or order made, in [India] is not presented for registration till after the expiration of the time hereinbefore prescribed in that behalf, the Registrar, in cases where the delay in presentation does not exceed four months, may direct that, on payment of a fine not exceeding ten times the amount of the proper registration-fee, such document shall be accepted for registration.
(2) Any application for such direction may be lodged with a Sub-Registrar, who shall forthwith forward it to the Registrar to whom he is subordinate.
In light of the above, in our considered view OPs are not entitled to claim the Holding Charges for themselves. As the OPs have opted not to file Written Version despite service of notice of Complaint Petition, the allegations made in the Complaint Petition is deemed to have been admitted as correct. There is also no doubt that the Complainant tried to resolve the dispute by contacting the OPs and also sent a Legal Notice dated 09/01/2023 to the OPs.
OPs are fully aware that being the Developer and holder of registered Power of Attorney they are under obligation to execute and register the Deed of Conveyance in favour of the Complainant in respect of the flat in dispute. Complainant has invested her hard earned money with the OPs by purchasing the said flat. If the said flat is not registered then the OP cannot shook off their liability deliberately depriving the Complainant from her lawful right. Thus, the OPs are deficient in rendering service, and in fact, remaining unturned on receipt of the Legal Notice dated 09/01/2023 by the OPs is undoubtedly a gesture of gross negligence on the part of the OPs. Complainant cannot wait indefinitely to execute and register the Deed of Conveyance in respect of the flat in question. Complainant has suffered mental agony, pain and harassment. To get the relief, complainant has to wage a long drawn and tedious legal battle.
In the result, the Complaint Petition is allowed in part on ex parte against the OPs with a following direction:
- OPs are directed to execute and register the Deed of Conveyance of the said flat in favour of the Complainant as per The Registration Act, 1908.
- OPs are also jointly and severally directed to pay an amount of Rs.5,000 to the Complainant as litigation cost and an amount of Rs.20,000/- as compensation for harassment and mental agony.
- The abovementioned payment should be made within 60 days from the date of passing this order.
Liberty be given to the complainant to put the order in execution, if the OP transgress to comply the order.
Copy of the Judgment be given to the parties as per rules
