The case of the complainant in a nutshell is that the complainant was a tenant in respect of the shop mentioned in the B schedule property of area 144 sq.ft. premises no. 403 G.T.Road, Mahesh with Serampur Municipality. The complainant entered into an agreement with the Ops on 14.8.2012 . The said Deed of agreement was registered, being deed no.06352 for the year 2012. Inspite of construction of the building the OP did not deliver the possession within the stipulated period of 8 months as per agreement. The complainant requested the oPs for giving possession and registration and removing the defect deficiency in the said shop room as was agreed by the agreement mentioned in the Schedule B of the complaint. It is also alleged that inspite of readiness and willingness to
perform his part of the contract , which has not been done by the Opposite parties.
They did not execute the deed of conveyance of B schedule property for which complainant suffered loss of business etc. Hence, this case for effectiveness of the agreement between complainant and Ops.
OP has appeared and contested the case denying inter alia all material allegations as raised in the complaint by the complainant and Op stated that complainant is already in possession of the shop room. Inspite of request of several times the complainant did not make any attempt to get the property registered by deed of conveyance. The complainant is reluctant to get conveyance of the property by registered sale deed. The Op also admitted that complainant was and is tenant of the shop room mentioned in the Schedule B. Hence, the case shall be dismissed.
Complainant filed three Deed of agreements formerly made between the Op and land owner and afterwards agreement between the complainant and the Op. Op also filed some photo copy of the documents , Written version and Written Notes of argument.
Upon pleadings, Written version and the documents filed by all the parties the following points are framed for proper adjudication of this case.
Points
- Whether the petitioner is a Consumer ?
- Whether there is any deficiency in service on the part of the oP ?
- Whether the complainant is entitled to get relief as prayed for ?
DECISION WITH REASONS
All the points are taken together for easiness of discussion.
After going through the complaint , Written version and three photo copies of agreement it appears that complainant was/is tenant of the case property. But complainant denies getting possession of the suit property. But Op states that the complainant is in possession of the suit property. From the complainant’s evidence and material on record it is established that complainant is in possession over the case property but the said room has not been registered by a Deed of Sale by the Opposite party/Builder as per agreement and terms therein the Developer is under obligation to transfer the said shop room to the complainant by a Registered Sale deed and taking consideration money as per their
agreement. But it is establishing that the case property has not yet been transferred by a registered Deed of sale executed by the ops. The Ops cannot get relief without doing registration in favour of the complainant of the B schedule property. So, after deliberation over the material before us we are of opinion that the case succeeds in part. Hence it is –
Ordered
That the CC no.208 of 2016 be and the same succeeds in part. The Ops are directed to execute and register the sale deed for B schedule shop in favour of the complainant after taking the unpaid money , if any from the complainant. The Op is directed also to pay Rs.5,000/- to the complainant towards litigation cost . The Op is further directed to pay Rs.5,000/- to the complainant towards compensation for his mental agony, harassment and pain. The Registration cost including stamp duty and other costs connected with registration as per Govt. Rule shall be borne by the complainant.
The Ops are directed to comply the above order within 30 days from the date of this order i.d. after statutory period of 30 days , Rs.200/- per day shall be
imposed upon the Ops and that amount would be deposited in the Consumer Legal Aid Fund till full compliance.
Let a copy of the judgement may be given to the parties free of cost.
