Per Shri Narendra Kawde, Hon’ble Member
Mr.A.C. Sarkate, Learned Advocate a/w. Advocate Mr.Ajay Pawar present for the complainant. Advocate Mr.Pawar has filed his authority letter. Though notices were duly served to opponent Nos.4,5&6, who are land owners and opponent Nos.9&10, Partners of M/s.K.N. Constructions Company, have failed to remain present and contest the matter. Rest of the opponents are not present though duly served. This matter is taken out from sine-die list for hearing and disposal.
2. Limited prayers are involved in this complaint seeking direction for execution of conveyance to the Society, Rs.25,000/- as compensation, Rs.25,000/- as costs and for supplying original documents to the complainant-Society.
3. Learned Advocate of the complainant has brought to our notice the registered agreement executed by the flat purchasers with opponent Nos.9&10-Construction Company and development agreement executed by opponent Nos.1to8 and opponent Nos.9&10. Declaration Dated 27/07/1990 made by opponent Nos.9&10 to pass on the right, title and interest in the property to the complainant-Society. Matter remains uncontested. The contention raised by the complainant gone unchallenged. Opponent Nos.1to8 have conveyed the property to the developer and in turn developer was to convey the property in favour of the complainant-Society as per the agreement.
4. Recently, Hon’ble Supreme Court in the case of Kamlesh Aggarwal V/s. Narain Singh Dabbas & Anr., reported (2015) 42 SCD-374, held that - “The execution of the decree in the aforesaid terms is permissible in law in view of provisions of Section 13(4), (6) and (7) of the Consumer Protection Act, 1986 (‘the Act’ in short). The said provisions of Code of Civil Procedure are applicable to the procedure for disposal of the complaints by the District Forum not only in relation to the matters enumerated under Section 13(4),(6) and (7) of the Act but the other provisions of Code of Civil Procedure viz. Order XXI read with the Rule 32 are applicable for execution of the order of the District Forum and to give effect to the order passed by it on the complaint as the same will be in the nature of decree as defined under Code of Civil Procedure as the procedure contemplated under the said order read with Rule 32 which is a substantial procedural right of the appellant and the same can be invoked by her as the decree holder.”
5. In case of failure of the opponents who are under obligation to execute Deed of Conveyance under the provisions of Section 11 of Maharashtra Ownership Flats (Regulations of the Promotion of Construction, Sale, Management and Transfer) Act, 1963, in that event, Registrar (Legal) of this State Commission is required to be directed to execute Conveyance for and on behalf of the opponents in favour of the complainant-Society in view of ruling of the Hon’ble Supreme Court (mentioned supra). In view of statutory obligations having not been complied with following order is passed :-
-: ORDER :-
1.Complaint is allowed.
2.Opponents are directed to convey the property as per agreement executed between the complainant-Society and opponents within ninety days time from the date of this order.
3.Opponents to bear their own costs and pay costs of Rs.25,000/- to the complainant-Society.
4.Opponents are directed to hand over original documents as prayed in prayer clause (b) of the complaint to the complainant-Society.
5.In case opponents failed to comply the order during the stipulated time, it is necessary for this Commission to direct the Registrar (Legal) of this State Commission to execute the conveyance for and on behalf of the opponents in favour of the complainant-Society. Complainant-Society to provide draft of the Conveyance Deed to the Registrar (Legal) within thirty days on failure of the compliance by the opponents in the stipulated time. Registrar (Legal) to examine the legality and finalise the draft of conveyance and execute the Conveyance Deed at the cost of the complainant-Society.
6.One set of the complaint compilation be retained and rest of the sets be returned to the complainant.
7.Copies of the order be furnished to the parties.
Pronounced
Dated 11th March 2015.
