DATE OF FILING                    :   26-09-2011.

DATE OF S/R                            :   11-01-2012.

DATE OF FINAL ORDER      :   26-09-2012. 

Sri Rabindra Nath Midda,

son of late Sripati Charan Midda,

residing at flat no. 28, 2^nd floor,

at premises no. 5/1, Dr. Rajkumar Kundu Lane,

P.S. Shibpur, District – Howrah.--------------------------------------------  COMPLAINANT.

-          Versus   -

P    R    E     S    E    N     T

President    :      Shri T.K. Bhattacharya, M.A, LL.B, WBHJS.

                                                 F  I   N   A    L       O   R   D    E     R

1.         The complaint  case (  HDF  75   of  2011 ) was filed by the complainant U/S

12  the  C.P.  Act, 1986, against the O.P. alleging deficiency in service wherein the complainant has prayed for direction upon the o.p.  Sital Kumar Dutta to execute and register the deed of conveyance in respect of the flat measuring more or less 635 sq. ft. situated on the 2^nd floor of  southern corner of 5/1, Dr. Raj Kumar Kundu Lane, P.S. Shibpur, District – Howrah, together with compensation for Rs. 1,50,000/- and litigation costs, as the O.P. in spite of delivery of possession of the flat to the complainant on 30^th June, 2005 after receiving the full consideration money of Rs. 4,46,000/-  has refused to execute the deed of conveyance.

2.         Proper notice was served upon the O.P. Sital Kumar Dutta. The postal endorsement shows ‘left’ which as per law is a good service.

3.         Upon pleading of the complainant  two points arose for determination.

a)                  Is there any deficiency in service on the part of the O.P. ?

b)                 Whether the complainant is entitled to get any relief as prayed for ?

DECISION  WITH   REASONS      :

4.         Both the points are taken up together for consideration.  On scrutiny of the record and the enclosures it appears that the complainant entered into an agreement with the O.P. on 15-02-2004 with respect to the flat measuring 635 sq. ft. at 5/1, Dr. Rajkumar Kundu Lane, P.S. Shibpur, District – Howrah. The enclosures reflect that the O.P. received the total amount of Rs. 4,46,000/- as per the agreement. Possession was delivered on 30^th June, 2005 to the complainant. It further appears that the O.P. in spite of receipt of the total consideration money and even after delivery of possession has not performed his part and obligation towards executing and registering the deed of conveyance. We are, therefore, of the view that this is a fit case for granting relief to the complainant in terms of his prayer. Both the points are accordingly disposed of.

      In the result  the application succeeds.

Hence,

O   r  d  e  r  e  d

      That the C. C. Case No. 75 of 2011 ( HDF 75 of 2011 ) be and the same is allowed ex parte against the O.P. Sital Kumar Dutta with costs.

      The O.P. be directed to execute and register the deed of conveyance in the name of the complainant with respect to the flat measuring 635 sq. ft. situated at 2^nd floor of south eastern corner of 5/1, Dr. Rajkumar Kundu Lane, P.S. Shibpur, District – Howrah, within 30 days from the date of this order.  

      The O.P. do pay a compensation to the tune of Rs. 1,00,000/- to the complainant for causing  inconvenience, mental pain and prolonged harassment by non executing the deed of conveyance.

      The O.P. do pay a further litigation costs of Rs. 10,000/- to the complainant.

      The complainant is at liberty to put the decree into execution after the expiry of the appeal period.               

      Supply the copies of the order to the parties, as per rule.