| Final Order / Judgement | DATE OF FILING : 30/03/2015 DATE OF S/R : 12/05/2015. DATE OF FINAL ORDER : 09.09.2016. SRI NILOY DUTTA, S/O, Late Bejoy Dutta, Late Runu Dutta, By caste- Hindu, by-occupation- service,residing at 281,Netaji Subhas Road, P.S & Dist. Howrah- 711101.………………………..………………….COMPLAINANT. SRI ARUN KUMAR TEKRIWAL, Partner of Relex Builders (Pvt.) Ltd.having its office at 3 Mangoe Lane, Surana House, 2nd Floor, Kolkata700001…………………………………………………OPPOSITE PARTY. P R E S E N T Hon’ble President : Shri B. D. Nanda, M.A. ( double ), L.L.M., WBHJS. Hon’ble Member : Smt. Jhumki Saha. Hon’ble Member : Shri A.K. Pathak. F I N A L O R D E R - Complainant, Sri Niloy Dutta, by filing a petition U/S 12 of the C. P. Act, 1986 ( as amended up to date ) has prayed for a direction to be given upon the o.p. to execute and register the schedule flat in his favour at a consideration amount of Rs. 5,00,000/-, to produce and handover the relevant documents relating to the schedule flat along with other relief or reliefs as the Forum may deem fit and proper.
- It is the case of the complainant that his mother ,Runu Dutta, since deceased, paid a total amount of Rs. 4,90,000/- to the Relex Builders (Pvt.) Ltd. for purchasing a residential flat at the schedule premises. In different installments, lastly on 22/02/2006 vide money receipts which were issued by N.K. Tekriwal in favour of the said Runu Dutta, since deceased , on behalf of the said company. It is stated by the complainant that verbally the total consideration amount for the flat was agreed at Rs. 5,00,000/-between the O.P. and the said Runu Dutta . His mother also requested the O.P. for several times to prepare a written agreement for sale but due to good faith and good relationship O.P. did not do so. And flat no 102 was also allotted in favour of the said Runu Dutta in the schedule building on 1st floor in BL-A alongwith the delivery of possession and she was enjoying electricity in her name for which complainant submitted the original electric bills. On 29/01/2013, she died ,vide Annexure Death Certificate. And on 04/09/203 complainant’s father also died vide Annexure Death Certificate. After that complainant started making correspondence with the o.p to execute and register the Deed Of Conveyance by sending lawyer’s notice vide Annexures. After receiving the said notices, firstly on 27/08/2013, from the complainant, o.p also sent reply on 07/11/2013, 03/12/2013,28/02/2014 etc. stating therein that the consideration amount of the said flat was agreed at Rs.6,60,000/- and complainant’s mother paid Rs. 4,50,000/- only to the O.P. So, the matter could not be settled by and between the parties. Complainant has repeatedly requested o.p to execute and register the Sale Deed in his favour as already Rs. 4,90,000/- has been paid by his mother out of total consideration amount of Rs. 5,00,000/- but O.p did not care to do the needful till date. Being frustrated and finding no other alternative complainant filed this instant case with the aforesaid prayers.
- Notice was served. The O.P. appeared and filed w/v. Accordingly the case was heard on contest against the O.P.
- Under the pleadings of both parties two points arose for determination :
- is there any deficiency in service on the part of the O.P. ?
- Whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS : - Both the points are taken up together for consideration.. We have carefully gone through the complainant/ petition with the annexure filed by the complainant and w/v filed by the O.P. and noted their contents. It is to be mentioned here that all the money receipts were issued in favour of the complainant’s mother, Runu Dutta, since deceased , by the said Relex Builders Pvt. Ltd. which is a company and it has to be represented by its partners. And it is also true that the said Arun Kumar Tekriwal is not at all a stranger to this company. Because in reply to complainant’s letter dt 27/08/2013 addressed to the said Arun Kumar Tekriwal, Partner of Relex Builders Pvt. Ltd., several lawyer’s letters came to the complainant from the said Relex Builders Pvt. Ltd. wherefrom it is crystal clear to us that Arun Kumar Tekriwal is one of the partners of Relex Builders Pvt. Ltd . From the money receipts issued by the Relex Builders Pvt. Ltd , it is clear to us that it agreed to sell the flat in question and accordingly, the possession of the schedule flat was also delivered to the said Runu Dutta, since deceased. At the same time it is also true that the money receipt of Rs. 40,000/- is not signed by either of the party and that can not be accepted as a genuine one by us . So, we accept the total payment as Rs. 4,50,000/- only which was made by the mother of the complainant to the O.P. for the purchase of the said flat. It is also a fact that o.p, Sri Arun Kumar Tekriwal has admitted that he is the partner of the Relex Builders Pvt. Ltd. in para no. 4 (a) of the w/v filed by O.P. It is also admitted that complainant’s mother was given the possession of the flat in question. And complainant has submitted one affidavit , along with the copy of his birth certificate given by Howrah Municipal Corporation stating therein that he is the only child of his parents ,namely, Bijoy Kr. Dutta and Runu Dutta, since deceased. We have also gone through the letter dt. 28/02/2014 which is lawyer’s letter sent on behalf of the o.p to the Ld Adv. of the complainant. In which O.P. has accepted the payment of Rs. 4,50,000/- from the mother of the complainant. In that letter O.P. has even stated that the consideration amount was settled at Rs. 6,60,000/-. But in support of this claim of O.P., there is no written agreement. But it is our common experience that without receiving the full consideration amount from an intending purchaser , the delivery of possession is not made in his/her favour. Accordingly, there is no problem for us to accept that the consideration amount was settled at Rs.5,00,000/-. However, it is a fact that even after receiving such a big amount from the mother of the complainant, O.P. remained silent with respect to the execution of the Deed Of Conveyance for which complainant suffered a lot both financially and mentally which should not be allowed to be perpetuated anymore. Shelter is a basic need. To run one’s life smoothly, it is the urgent need. So, we are of candid opinion that it is a fit case where the prayers of the complainant shall be allowed. Points under consideration are accordingly decided.
Hence, O R D E R E D That the C. C. Case No. 125 of 2015 ( HDF 125 of 2015 ) be allowed on contest with costs against the O.P.. That the O.P. is directed to execute and register the Deed Of Conveyance with respect to the schedule flat in favour of the complainant within 30 days from the date of this order id Rs. 50/- per day shall be imposed on O.P. till actual registration. Complainant is directed to pay the balance amount of Rs. 50,000/- to the O.P. at the time of registration and he is to bear the cost of registration. The complainant do get an award of Rs. 10,000/- as compensation and Rs. 4,000/- litigation costs. The o.p. is directed to pay the same within 30 days from the date of this order i.d., 8% p.a. interest shall be charged on the same till actual payment. The complainant is at liberty to put the final order 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, C.D.R.F., Howrah. | |
