Judgment : Dt.17.11.2017
Shri S. K. Verma, President.
This is a complaint made by one Sri Tapan Kumar Bhowmick, son of late Upendranath Bhowmick of 35A, Lake Place, Kolkata-700 029 against Smt. Sudipa Basu, wife of Sri Amar Kumar Basu, the sole proprietress of the business named and styled as ‘Basu Build’ having office at 23, Santoshpur West Road, P.S.-Jadavpur, Kolkata-700 075, OP No.1 and Sri Himangshu Bimal Choudhury, residing at 23A, Baisnabghata Bye Lane, Kolkata-700 047, OP No.2 praying for a direction upon the O.P. to transfer and register the flat in the land registry office and and a direction upon the OP to complete the transaction of sale and register the same in the name of the Complainant and another direction to pay compensation of Rs.1,00,000/- and litigation cost.
Facts in brief are that Complainant is a peace loving citizen. One Himangsu Bimal Choudhury, OP No.2 was the lawful owner of a land measuring about 3 cottahs 9 chittaks and 7 sq.ft. lying and situated at 49/58, Prince Golam Mohammad Shah Road. An agreement was entered on 15.8.1988 and OP No.2 Himangsu Bimal Choudhury handed over vacant and peaceful possession of the plot of land at premises No.49/58, Prince Golam Mohammad Shah Road for construction of five storied building containing eight separate flats. OP No.2 also allowed and authorized OP No.1 to arrange sale of the proposed flats to be constructed. OP No.2 also agreed to execute and register a proper deed of conveyance in favour of the prospective buyers of the flats or the OP No.1 of her nominee. Complainant being interested to purchase the first floor flat, South East side, entered into an agreement on 14.6.1990 with OP No.1 and paid booking amount to the tune of Rs.10,000/- through cheque dt.14.6.1990. Complainant and OP No.1 entered into the agreement for sale for the first floor flat having a total area of 700 sq.ft. approximately, consisting of two bed rooms, one drawing cum dining room, one kitchen, two toilets and one balcony with common space at a total consideration of Rs.2,80,000/-. Complainant paid the consideration money as per the agreement. Complainant wanted to take loan of Rs.1,00,000/- from HDFC Bank for purchasing the flat. OP No.1 issued a letter of no objection for giving such loan. After getting the loan, Complainant paid the entire consideration money of Rs.2,80,000/-. Thereafter, Complainant received the physical possession of the flat, but, developer did not register the flat and assured it will be registered afterwards. Complainant on several occasions requested the OPs to register the flat as he paid the entire consideration money. But of no use. So, Complainant filed this case.
OP received the notice but did not contest the case by filing written version and so the case is heard ex-parte against both the OPs.
Decision with reasons
Complainant filed affidavit-in-chief where he has reiterated the facts mentioned in the complaint petition.
Main point for determination is whether Complainant is entitled to the reliefs as prayed for.
Complainant has filed original documents which reveal that there was an agreement between the parties for a flat being flat No.1A of 700 sq.ft. consisting of two bed rooms, one drawing cum dining room, one kitchen, two toilets and one balcony. Further, it appears that Complainant paid the money to the OPs. All the allegations of Complainant remained un-rebutted and unchallenged. So, it is clear that Complainant is entitled to the relief of getting a registered deed of the flat in his favour and also compensation of Rs.30,000/-.
Hence,
ordered
CC/270/2017 and the same is allowed ex-parte in part. OPs are directed to make a conveyance deed of the flat in favour of the Complainant within three months of this order, in default, the conveyance deed shall be made through this Forum. They are also directed to pay compensation of Rs.30,000/- to the Complainant within this period, in default the amount shall carry interest @ 10% p.a. from the date of this order. Liability of the OPs are joint and several.
