DIST. CONSUMER DISPUTES REDRESAL FORUM
NORTH 24 Pgs., BARASAT.
C. C. CASE NO. 302/2013
Date of Filing: Date of Admission Date of Disposal:
24. 06.2013 28.06.2013 17.08.2015
Complainants = Vs. = O.Ps.
1. Smt. Sila Chakraborty 1. Smt. Angana Dutta
W/o. Late Baidyanath Chakraborty W/o. Sri Jagannath Dutta
2. Santasree Chakraborty carrying on business under the
D/o. Late Baidyanath Chakraborty name and style of
both residing at Flat No-404, M/S. Caescon Estate Pvt. Ltd
3rd Floor, Bella Villa, at 74, Sarat Chatterjee Road,
Premises No-510, P.S.-Lake Town, Kolkata-700089
Dum Dum Park, and also having office at
P.S.-Lake Town, M/S. Dwellers Estate Pvt. Ltd
Kolkata-700055. Formerly
M/S. Ceascon Estate Pvt. Ltd
Registered office at EA/5,
Desh Bandhu Nagar, Rangana
Apartment, 3rd Floor, Baguiati,
Kolkata-700059.
2. Shri Marari Mohan Ghosh
S/o. Late Jyotish Chandra Ghosh
Residing at Flat No-401, 3rd Floor
Bella Villa, Premises No-510,
Dum Dum Park, P.S.-Lake Town,
Kolkata-700055.
3. Shri Deb Kumar Ghosh
S/o. Late Jyotish Chandra Ghosh
Residing at Flat No-201, 1st Floor
Bella Villa, Premises No-510,
Dum Dum Park, P.S.-Lake Town,
Kolkata-700055.
4. Sri Modan Mohan Ghosh
S/o. Late Jyotish Chandra Ghosh
Residing at Flat No-302, 2nd Floor
Bella Villa, Premises No-510,
Dum Dum Park, P.S.-Lake Town,
Kolkata-700055.
5. Shri Shyam Sundar Ghosh
S/o. Late Jyotish Chandra Ghosh
Residing at Flat No-303, 2nd Floor
Bella Villa, Premises No-510,
Dum Dum Park, P.S.-Lake Town,
Kolkata-700055.
6. Sri Shyamal Kumar Ghosh
S/o. Late Jyotish Chandra Ghosh
Residing at Flat No-304, 2nd Floor
Bella Villa, Premises No-510,
Dum Dum Park, P.S.-Lake Town,
Kolkata-700055.
7. Shri Benu Madhab Ghosh
S/o. Late Jyotish Chandra Ghosh
Residing at Flat No-501, 4th Floor
Bella Villa, Premises No-510,
Dum Dum Park, P.S.-Lake Town,
Kolkata-700055.
8. Shri Gora Chand Ghosh
S/o. Late Jyotish Chandra Ghosh
Residing at 23/16, Naktala Road,
P.S.-Naktala, Kolkata-700047.
Advocate Name for the complainant:- Avijit Gope
Advocate Name for the OPs:- Arup Basak (OP No-1)
Rina Chakraborty (OP No-2 to 8)
J U D G E M E N T
Facts of the case, in short, is that the owner Jyotish Chandra Ghosh with a view to re-develop his property entered into an agreement together with the general power of attorney dated 15th November, 2000 with the OP No-1 empowering the said OP No-1 commercially exploit and built multi-storied building comprised of different flats as also empowered him to negotiate with the intending purchaser/purchasers for sale of flat/flats and to enter into an agreement with the intending purchaser and to settle and receive payment for sale thereon in respect of the said flat/flats at premises no-510, Dum Dum Park, P.S.-Lake Town, Kolkata-700055.
Dictated and corrected Contd. …. 3/-
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Complainant stated that pursuant to the aforesaid agreement dated 15h March, 2000 together with general power of attorney dated 15th November, 2000, the OP No-1 constructed a five storied building consisting of 20 flats and car parking spaces on the ground floor level at premises no-510, Dum Dum Park.
Complainants also stated that on 3rd day of July, 2001, the aforesaid OP No-1 entered into an agreement for sale with the complainants herein for sale of one self contained residential flat being flat no-404, on the 3rd floor, consisting 2 bed rooms, one drawing-cum-dining, one kitchen, one balcony and one toilet measuring about 756 sq. ft of super built up area lying and situate at Bella Villa, 510, Dum Dum Park, P.S.-Lake Town, Kolkata-700055 at a consideration of Rs 5, 73, 000/- only.
Complainants further stated that the complainants have already paid the entire consideration amount of Rs 5, 73, 000/- to the OP No-1. The OP No-1 duly acknowledged the receipt of the aforesaid total consideration amount. The OP No-1 gave possession of the flat no-404, on the 3rd Floor, South-West corner of premises No-510, Dum Dum Park, P.S-Lake Town, Kolkata-700055 on 27.12.2001 to the complainants.
Complainants stated that inspite of repeated of requests and reminders made by the complainant to the OP No-1 for registration of the aforesaid flat No-404 the said OP No-1 has deliberately failed and/or neglected to execute a registration deed conveyance in favour of the complainants inspite of receiving the entire consideration amount of the said flat. Hence the complaint.
OPs have contested the case by filing written version.
OP No-1 stated that a reply was duly sent to Shri Ajoy Shankar Sanyal Ld. Advocate letter dated 03.09.2012 by Shri H.K. Gajra Advocate on 02.10.2012 stating the position and suggesting how registration works may be effected.
OP No-1 also stated that the letter annexure-E was issued to help the complainant in the matter of execution and registration of the conveyance deed and the contents thereof are very clear in as such as the same make the position clear as to taxation may be in force.
OP No-1 further stated that taxation is a matter of Govt. policy in which no one has anything to do and complainant is liable to pay stamp duty, registration fee and other legal charges as per law in force at the time of execution and registration of conveyance deed.
Dictated and corrected Contd. …. 4/-
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OP No-1 stated that the OP promoter has been was and still is absolutely ready ne willing to have the deed of conveyance executed and registered in favour of the complainant.
OP No-2 to 8 stated that OP No-2 to 8 have knowledge that after purchasing the said flat no-404, on the 3rd floor, Bella Villa, being premises no-510, Dum Dum Park, P.S.-Lake Town, Kolkata-700055 the complainants are residing with their family members for more than 12 years.
OP No-2 to 8 also stated that their father Jyotish Chandra Ghosh died on 5th March, 2004 leaving behind us as sons and three daughters namely (i) Smt. Mina Rani Indra (ii) Smt. Sandhya Rani Basu and (iii) Smt. Gouri rani Chanda respectively as heirs of the deceased. In this respect, these OP Nos. 2 to 8 further stated and submit that with the death of their father Jyotish Chandra Ghosh, the power of attorney executed by their father in favour of the OP No-1 has became infructuous and having no legal stand at all.
OP No-2 to 8 further stated that it is sheer negligence on the part of the OP No-1 not to execute a registered deed of conveyance in favour of the complainant. The OP Nos.-2 to 8 are not liable to pay the compensation.
Point for Decision:-
Whether the complainant is entitled to get any relief as prayed for?
Decision
Admittedly complainants entered into an agreement with the OP No-1 on 3rd day of July, 2001 and paid Rs 5, 73, 000/- as consideration money for the disputed flat. Admittedly complainants got delivery possession of the flat and also OP No-1 handed over the completion certificate to the complainants in respect of the flat. Admittedly the said flat was not registered in favour of the complainants till today. At the time of argument Ld. Lawyer for the OPs submitted that they have no objection to execute and register the deed of conveyance in favour of the complainants. Accordingly we are of the view that complainants are entitled to get relief as prayed for.
Hence
It is ordered,
that the complaint and same be allowed on contest against the OPs.
Dictated and corrected Contd. …. 5/-
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OPs are directed to execute and register the deed of conveyance in favour of the complainants within one month from the date of this order, failing which complainants are at liberty to execute and register the deed of conveyance through this Forum.
OP No-1 is also directed to pay compensation of Rs 10, 000/- and Rs 5,000/- as litigation cost to the complainants within one month from the date of this order, failing which OP No-1 shall have to pay sum of Rs 100/- per day from the date of this order till it realization, as punitive damages, which shall be deposited by the OP No-1 in this State Consumer Welfare Fund.
Let copies of the order be supplied to the parties free of cost when applied for.
Member President
Dictated & Corrected by me.
