West Bengal

South 24 Parganas

CC/593/2014

Sri Abhra Mukherjee, S/O Late Amal Kumar Mukherjee. - Complainant(s)

Versus

Smt. Sreela Mahapatra, Wife of Tarun Kanti Mahapatra. - Opp.Party(s)

24 Mar 2015

ORDER

     DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , JUDGES’ COURT, ALIPORE KOLKATA-700 027

 

C.C. CASE NO. _593_ OF ___2014_____

 

DATE OF FILING : 8.12.2014_     DATE OF PASSING JUDGEMENT:_24.3.2015__

 

Present                        :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :         Dr. (Mrs.)  Shibani Chakraborty

                                                                             

COMPLAINANT             :   1. Sri Abhra Mukherjee,s/o late Amal Kumar Mukherjee

                                                2.  Smt. Asmita Mukherjee,w/o Sri Abhra Mukherjee

                                                Both of 48/1, Dr. K.D. Mukherjee Road, P.S. Parnasree,Kol-60.

 

-VERSUS  -

 

O.P/O.Ps                            :    1.   Smt. Sreela Mahapatra,w/o Tarun Kanti Mahapatra of

                                                23, Sudha Sindhu Banerjee Road, P.S. Parnasree, Kolkata – 60.

                                                2.    Sri Ratnakar Chakraborty,s/o late Hare Krishna Chakraborty of

                                                22,  Gabtala Lane, P.S. Parnasree, Kolkata – 60.

________________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

 

This is an application under Section 12 of the C.P Act.

            It is the short case of the complainant that he entered into an agreement for sale with the O.Ps on 22.2.2006 for purchasing a residential flat on the 1^st floor, south west side measuring 410 sq.ft along with a garage space measuring 12 x 8 sq.ft on the ground floor at premises no.27, Sudha Sindhu Banerjee Road, P.S. Parnasree, Kolkata – 60 at  consideration of Rs.3,67,500/-  which has been fully paid. The complainant also took possession on 13.02.2008 . But the O.Ps failed and neglected to execute and register the deed of conveyance in respect of the flat and garage inspite of several requests made by the complainant. Demand notice also yielded no result. Hence, this case.

            Inspite of service of notice upon the O.Ps none appears,  for which, case proceeded exparte.

            Points for decision in this case is whether the O.Ps have acted deficiency  in service towards the complainant or not.

 

 

 

                                                            Decision with reasons

            We have nothing to disbelieve the case of the complainant and find that complainant has already paid total consideration money but the O.Ps did not execute and register the deed of conveyance in favour of the complainant in respect of the property.

            Accordingly we find that O.Ps were very much aware of filing the case and inspite of receiving summon did not turn up.

            Hence,

                                                                        Ordered

That the application under section 12 of the C.P Act is allowed exparte against the O.Ps.

The O.Ps jointly and severally are directed to execute and register the deed of conveyance in respect of the flat and garage in favour of the complainant within 30 days from the date of this order, failing which, complainant is at liberty to apply before this Forum to get it executed and registered through the machinery of the Forum.

The O.Ps are also directed to pay compensation of Rs.25000/- and litigation cost of Rs.2000/- within 30 days from the date of this order ,failing which, the complainant is at liberty to recover the amount by execution of this order.

Let a plain copy of the judgement be sent to the O.Ps through this Forum for expedite payment and to the complainant for his information.

 

                                                Member                                               President

 

 

Dictated and corrected by me

 

 

 

 

                        President

 

 

 

 

 

 

 

 

 

 

 

The judgement in separate sheet is ready and is delivered in open Forum. As it is ,

 

Ordered

That the application under section 12 of the C.P Act is allowed exparte against the O.Ps.

The O.Ps jointly and severally are directed to execute and register the deed of conveyance in respect of the flat and garage in favour of the complainant within 30 days from the date of this order, failing which, complainant is at liberty to apply before this Forum to get it executed and registered through the machinery of the Forum.

The O.Ps are also directed to pay compensation of Rs.25000/- and litigation cost of Rs.2000/- within 30 days from the date of this order ,failing which, the complainant is at liberty to recover the amount by execution of this order.

Let a plain copy of the judgement be sent to the O.Ps through this Forum for expedite payment and to the complainant for his information.

 

                                                Member                                               President