DATE OF FILING                    :     18-07-2014.

DATE OF S/R                            :      27-10-2014.

DATE OF FINAL ORDER      :     22-05-2015.

Smt. Rukmini Debi Saraogi,

wife of late Lakhi Prasad Saraogi,

residing at 552,  G.T. Road ( South ), 8^th floor,

P.S. & District Howrah,

being represented by her lawful constituted attorney

viz. Sri Girish Kumar Saraogi,

son of late Lakhi Prasad Saraogi,

resident of 552, G.T. Road ( South ), 8^th floor,

P.S. & District Howrah. ……….. ……..………….…………………...  COMPLAINANT.

• Versus   -

       1. Smt. Baleswari Pandey,

wife of late Haribansh Pandey,    

2. Smt. Shanti Devi Pandey,

Daughter of late Haribansh Pandey,

3. Shri Ajay Kumar Pandey,

son of late Ramanand Pandey,

4. Smt.  Madhuri Pandey,

wife of Sri Suresh Pandey,

5. Sri Bramhdeo Pandey,

son of Shivanand Pandey,

6. Sri Kranti Kumar Pandey,

son of Sri Suresh Kumar Pandey,

7. Smt. Laxmi Devi Pandey,

wife of late Ramnand Pandey,

8. Sri Santosh Kumar Pandey,

son of late Ramanand Pandey,

9. Sri Ashoke Kumar Pandey,

son of late Ramnand Pandey,

10. Smt. Geeta Rai,

11. Smt. Kavita Rai,

12. Smt. Sita Rai,

10 to 12 daughters of latre Ramanand Pandey,

all resident of 552, G.T. Road ( South ),

P.S. and District Howrah,

PIN 711 101. …….……..……………………………………………………………Opposite Parties.

 P   R    E     S    E    N     T

Member      :      Smt. Jhumki Saha.

Member       : Shri Subrata Sarker.

F  I   N   A    L       O   R   D    E     R

1. The instant case was filed by complainant U/S 12 of the C.P. Act, 1986 wherein the complainant has  prayed for direction upon the o.ps. to execute and register the deed of conveyance  in respect of the schedule flat  and to deliver possession of the same and to pay compensation of Rs. 1 lac and litigation costs of Rs. 10,000/- as the o.ps. in violation of the terms of agreement has been turning deaf ear to the complainant’s request for delivery of the  possession of the flat. 

2. It is the case of the complainant that  an agreement for  sale  was entered between the complainant and the o.ps. on 30^th March, 1995 with respect to a flat measuring 1770 sq. ft. @ Rs. 375/- per sq. ft. on 8^th floor along with undivided and impartable proportionate share of the common space in the multi storied building constructed on the holding no. 552, G.T. Road ( South ), P.S. & District Howrah, for a total consideration amount of Rs. 6.63,750/- which was paid in full by the complainant. And o.ps. also delivered the possession of the said flat but till date they have neglected to execute the deed of conveyance in favour of the complainant. Complainant also purchased the stamp paper of    Rs. 53,120/- on 10.3.2003. But o.ps. remained totally silent on the issue of execution of sale deed. Ultimately on 16.07.2013 o.ps. openly declared that they will not execute sale deed in favour of the complainant in respect to the scheduled flat. So complainant on 19.7.2013 sent a lawyer’s letter which was received by the o.ps. Still o.ps. paid no heed to that. Being frustrated and finding no other alternative   complainant filed this instant case.  

3. In spite of proper service of notice upon the o.ps., they did not appear and file written version. So the matter was heard ex parte. 

4. Two points  arose for determination :

i)          Is there any deficiency in service on the part of the O.Ps.  ?

2. Whether the complainant is  entitled to get any relief as prayed for ? 

DECISION  WITH   REASONS      :

5. Both the points are  taken up together for consideration. It appears from the Annexures i.e., Agreement for sale that  the complainant entered into an agreement for purchase of the  flat in question  measuring 1770 sq. ft. on the 8^th  floor at a consideration of Rs. 6,63,750/- which he paid in total vide memo of consideration.  But o.ps. did not care to execute the deed of conveyance in favour of the complainant since 30.03.1995 although they delivered the possession of the flat in question. And it is easily understood that the stamp duty has increased by lips and bounds since 1995 which already created a tremendous mental agony for the complainant. It has also caused severe financial loss to the complainant, too. Without any fault on  the part of the  complainant, she has been harassed by the o.ps. like any thing which should not be perpetuated any more. Moreover, the o.ps. have not cared to appear before the Forum even after receiving summons. No W/V has been filed by them which clearly shows that they have nothing to put forward in their favour. And the complaint petition remains unchallenged and uncontroverted. And we have no difficulty to believe the unchallenged testimony of the complainant.  O.ps. have miserably failed   to keep promise which certainly amounts to deficiency in  service coupled with unfair trade practice  on their  part which should not be allowed to be perpetuated for an indefinite period.   And we are of the candid opinion that it is a fit case where the prayers of the complainant  should be allowed. Points under consideration are accordingly decided.

      Hence,                             

O     R     D      E      R      E        D

      That the C. C. Case No. 402 of 2014 ( HDF 402 of 2014 )  be and the same is   allowed ex parte  with  costs as   against  the O.Ps. 

      The O.Ps. be jointly or severally directed to execute and register the deed of sale in favour of the complainant with respect to the  flat  in question  within 60 days from the date of this order i.d., Rs. 50/- per day shall be imposed upon the o.ps. till actual execution and registration of the sale deed. The complainant is to bear the cost of registration.

      The o.ps. do further  pay jointly or severally a  sum of Rs. 50,000/- as compensation to the complainant  for causing mental pain and prolonged harassment together with litigation costs  of Rs. 5,000/-. 

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

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

DICTATED  &    CORRECTED

BY   ME.  

      (  Jhumki Saha  )                                                                  

  Member In Charge, C.D.R.F.,Howrah.