West Bengal

Kolkata-II(Central)

CC/60/2023

Asoke Kumar Das - Complainant(s)

Versus

Siddha Happyville LLP(form,erly Siddha Grandeur Project) - Opp.Party(s)

Arpit Kumar Saha , Priyanka Mitra Roy

14 Sep 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
KOLKATA UNIT - II (CENTRAL)
8-B, NELLIE SENGUPTA SARANI, 7TH FLOOR,
KOLKATA-700087.
 
Complaint Case No. CC/60/2023
( Date of Filing : 06 Mar 2023 )
 
1. Asoke Kumar Das
Flat no.S04, Kuber Tower, Phase-1,9/10, Danish Kolar Road, Bhopal, Madhya Pradesh-462042.
2. Chitra Das
S 04, Kuber Tower, Phase-1,9/10, Dansih Annexe, Kolar Road, Bhopal, Madhya Prasesh-462042.
...........Complainant(s)
Versus
1. Siddha Happyville LLP(form,erly Siddha Grandeur Project)
6th Floor of Siddha Park, 99A, Park Street, Kolkata-700016,P.S. Park Street.
2. Siddha Sphere LLP
6th Floor, siddha Park, 99A, Park Street, Kolkata-700016,P.S. Park Street.
3. Sanjay Kumar Bothra
99A, Park Street, Kolkata-700016,P.O.Park Street,P.S. Park Street,Dist-Kolkata, W.B and Street,Kolkata-700001,P.O.GPO,P.S. Hare Street.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MRS. Sukla Sengupta PRESIDENT
 HON'BLE MR. Reyazuddin Khan MEMBER
 
PRESENT:Arpit Kumar Saha , Priyanka Mitra Roy, Advocate for the Complainant 1
 
Dated : 14 Sep 2024
Final Order / Judgement

Record is placed before the National Lok Adalat as per order dated 06.08.2024 for settlement of the matter.

Both the parties are present. Heard the parties present as to settlement of the matter. It has been submitted by both the parties that they agreed to execute and register the Deed of Conveyance within 45 days from this day. A joint petition is filed by the parties to that effect with the prayer for disposal of the Consumer Complaint.

On scrutiny of the complaint petition it appears that the mother of the complainant-1 has booked the flat No. OLI XI 02 in the 11th floor measuring about 1395 sq. ft. super built up area along with open car parking space measuring about 135 sq. ft at Siddha Galaxia, earlier known as Siddha Sphere for a total consideration of Rs.53,81,435/- and the Agreement for Sale was entered on 06.10.2012 and the date of delivery of complete flat was May, 2015 and the mother of the complainant-1 expired on 03.10.2016 due to heart failure (copy of Death Certificate of said Sabita Das has been annexed with the complaint petition mark with Letter-D). Prayer of the complainant is for a direction to the OP-1 to complete the flat being No. CT1906 on the 19th floor having carpet area of 829 sq. ft. with attach balcony of 69 sq. ft. collectively having built up area of 972 sq. ft. along with a direction to the OP-1 to complete the registration of sale deed of the flat and to obtain completion certificate from the competent authority at the earlier along with a prayer for a direction to the OP-1 to compensation of Rs.25,00,000/- and litigation cost of Rs.2,50,000/-.

Having heard the parties present and the joint petition filed by the parties, it reveals that both the parties agreed to execute and register the Deed of Conveyance in favour of the complainants and the complainants have no further claim in this matter.

In view of the above, the OP-1 is directed to execute and register the Deed of Conveyance in favour of the complainant within 45 days from the date of passing of the order.

Hence, the CDF Unit-II, CC No. 60/2023 is settled and disposed of finally through the National Lok Adalat.

If the OP-1 transgress to comply the order of the National Lok Adalat within the period as mentioned afore, the complainants are at liberty to file appropriate application for execution of the decree as per law.

Let a copy of this order be supplied to both the parties free of cost with proper endorsement.

 

 
 
[HON'BLE MRS. Sukla Sengupta]
PRESIDENT
 
 
[HON'BLE MR. Reyazuddin Khan]
MEMBER
 

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