This complaint is made by Smt. Chhaya Roy W/o Debasis Roy and Debasis Roy against Parul Dey and Tapas Das, praying for an order directing the OP Nos. 1&2 to execute and register the Deed of Conveyance in the names of the Complainants in respect of the Flat situated on the 2nd floor, measuring 370 sq. ft. super built up area little more or less at Municipal Premises No. 34/34, N.S.C. Bose Road and an order directing the OP Nos. 1&2 to pay a compensation of Rs. 2,00,000/- and litigation cost of Rs. 50,000/-.
Facts in brief, are that, the OP No. 1 having possessed a plot of land entered into a joint venture agreement with the OP No. 2 Developer for construction of a building and after getting sanctioned plan from the Kolkata Municipal Corporation, started construction. Complainants entered an agreement with the OP No. 2 for purchasing a plot in the building on Municipal Premises No. 34/34, N.S.C. Bose Road, on 12-08-2007 at a consideration money of Rs. 2,75,000/-. As per agreement, the Complainants paid Rs. 2,75,000/- to the OP Nos. 1&2 on different dates after which the OPs delivered possession of the flat to the Complainants on 21-10-2007.
Immediately thereafter, the Complainants made contact with the OPs and requested them to execute and register the Deed of Conveyance in respect of the said Flat, but the OPs delayed the matter on some pretexts or the other. The cause of action primarily arose on 12-08-2007, when the Complainants entered into an agreement with the OPs. However, the cause of action is a continuing one and so the Complainants filed this case.
OP No. 1 filed WV and denied the material allegations of the Complainants. Further, OP No. 1 has stated that they are/were ever willing to execute and register the Deed in favour of the Complainants, but the Complainants did not take any positive step to facilitate this.
OP No. 2 filed a separate WV, wherein he has stated that true it is that the Complainants paid Rs. 2,75,000/- and took possession of the Flat in question. Further, he has stated that the registration was to be made after 2011 as per the terms of the Gift Deed on which the OP No. 1 became owner. He has also echoed the OP No. 1 and alleged that the Complainants were not willing to bear the registration cost as per the prevailing valuation of the Flat in question on the date of registration. Instead, they expressed their willingness to bear the registration costs as it was in the month of October, 2007, i.e., when they took possession of the Flat in question. It is also alleged that the Complainant No. 2 threatened the OP No. 2 with dire consequences unless the deed of conveyance was registered shortly. Accordingly, the OP No. 2 prayed for dismissal of the instant case.
Decision with reasons
Complainants filed Affidavit-in-Chief, wherein they have reiterated the facts as stated in the petition of complaint, against which the OP Nos. 1&2 filed Questionnaire, wherein they have put certain questions regarding the registration costs. The Complainant, in return, filed Affidavit-in-Reply, wherein they have alleged that due to deficiency in service on the part of the OPs, execution and registration of Deed got delayed.
Main point for determination is whether the Complainants are entitled to the reliefs as prayed for.
First prayer of the Complainants is for a direction upon the OPs for execution and registration of the Deed.
The bone of contention of the present case is related to payment of registration costs. OPs contended that the registration cost has be paid according to prevailing valuation of the property on the date of registration of the Deed, irrespective of the actual date of taking possession of the Flat in question. On the other hand, it is alleged by the Complainants that this is a clear act of deficiency in service as execution and registration of Flat could not be done due to negligence of the OPs. They stated that they would bear the registration costs at the rate when possession of the Flat in question was handed over to them.
On perusal of the Affidavits filed by the parties, Questionnaire and reply thereof under affidavit it appears that the Complainants are not ready to get the registration made in their favour because of their stubborn opposition to pay the registration cost as per the prevailing valuation of the Flat on the date of registration. So, it appears that registration can only be done after the Complainants pay registration costs on the basis of current rate. Complainants have knocked the door of this Forum with a prayer for executing and registering the Deed in their favour, but they are visibly not ready to perform their part of duty.
In the circumstances, it seems, necessary order/direction for executing and registering the Deed in favour of the Complainants can only be made after the Complainants are ready to pay the registration costs at the current rate of registration.
As such, we are of view that there should be a direction upon the OPs to make registration in favour of the Complainants provided the registration costs of the Deed on the basis of prevailing market valuation of the Flat as on the date of registration is paid by the Complainants.
Hence,
O R D E R E D
that CC/29/2015 be and the same is allowed in part on contest . OPs are directed to make a registered deed in favour of the Complainants provided they pay the registration costs on the current market valuation of the Flat when it is registered.
Since the complaint has been filed by the Complainants for registration of the Flat in question and no deficiency in service on the part of the OPs is forthcoming, we are of the view that prayer for payment of compensation and litigation cost cannot be allowed.
