Complainant has also stated that he has entered into an Agreement for Sale dated 03.02.2013 with the O.P. No.1 which mentioned in the schedule of the complaint. The complainant has already paid a sum of Rs. 22,989/- only as earnest money to the O.P. No.1 till today to purchase the said complete room and the O.P. No.1 has duly received the said money from the complainant till today after execution of the Agreement for Sale and acknowledged the same to that effect and balance rupees will be paid by the complainant at the time of execution and or registration of the Deed of Conveyance in respect of the said room.

The complainant has further stated that the O.Ps, day after day, committed to perform in accordance with agreed terms and conditions as contended in the

Dictated and corrected                                                                     Contd. …. 2/-

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said Agreement for Sale dated 03.02.13 and to the effect the complainant for number of times and still now is willing to make payment of the balance consideration money to the O.P. No.1 and to complete the purchase, but despite several and repeated requests of the complainant, the O.P. No.1 has been deliberately avoiding and delaying to execute and register the deed of sale including delivering the possession in favour of the complainant after taking and receiving the balance consideration money on different pretext and failed and neglected thereof to hand over and deliver the physical vacant possession to the complainant.

The complainant has further stated that he lost her all hopes, she served one legal notice dted 02.12.13 through her Ld. Advocate upon the opposite parties, with a request to register the deed of sale including hand over and deliver the possession to the complainant in respect of the said room, though they did not cause the execution of registration of Deed of sale and deliver the possession in favour of the complainant after taking / receiving the balance consideration money of Rs. 17,011/- from the complainant. The purported activities of the O.Ps, which shows and established their deficiency in service in providing and entertaining into the Agreement for Sale at some specific terms and conditions through willfully and deliberately failed to carry out the same and or failed to provide the services as enumerated in the Agreement for Sale dated 03.02.13. Hence the case.

O.P. Nos. 1 & 2 contested the case by filing written versions.

O.P. Nos. 1 & 2 have also submitted the affidavit-in-chief.  

O.P. NO.1 has stated that at the request of the complainant the O.P inducted her as a tenant in respect of one room measuring about 40 Sq.ft at 42, B.T. Road, Kol-50 on the ground floor for a period of three years with effect from 01.03.03 at a monthly rental of Rs. 350/- per month. One tenancy Agreement was executed to that effect on 01.03.03. The complainant and the O.P signed that tenancy Agreement. The O.P craves leave to produce said Tenancy Agreement at the time of hearing. At the time the complainant gave Rs. 16,000/- to the present O.P towards the refundable interest free security deposit with a condition to refund the same at the time of vacating the said tenanted room. The complainant also gave Rs. 6,989/- as loan to the above named O.P on different dates. The complainant after expiry of the said three years did not hand over the vacant tenanted room in favour of the O.P in spite of several requests & verbal notice on the part of the O.P, more over the complainant occupied the said tenanted room up to February, 13 forcibly and Illegally. After vacating the tenanted room the O.P

Dictated and corrected                                                                     Contd. …. 3/-

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so many times offered the complainant to take back the said interest free security deposit of Rs. 16,000/- and the loan amount of Rs. 6,989/- totaling to Rs. 22,989/- only. That time the complainant informed the O.P that she is busy and will contact the O.P and will collect the entire amount from the O.P. Thereafter, the O.P so many times contacted the complainant and tendered the entire amount but the complainant one pretext to another avoided the said O.P and declined to take back the said amount of Rs. 22,989/- from the said O.P and ultimately with an ulterior motive and malafide intention sent the alleged notice through her advocate contending false, frivolous motivated and wrong plea only to harass the O.Ps and forced him to face mental agony.

O.P has further stated that the complainant filed this false case against the O.P. In this regard the said O.P puts the complainant to strict proof in respect of the genuineness of the said Agreement for Sale dated 03.02.13. The O.P is challenging the said Agreement for Sale dated 03.02.13 as the O.P never entered into any kind of Agreement for Sale with the complainant and never received any earnest money from the complainant. Said Agreement for Sale is completely false, forged and manufactured one. The complainant regarding her allegations has never lodged any complaint before any authority including the authority of local police station. The complainant never whispered in her petition of complaint that she was a tenant to fulfill her ill motive. The entire matter in dispute is purely between a landlord and tenant. The O.P is still ready to return back the aforesaid entire amount of Rs. 22,989/- to the complainant. Hence the O.P begs to submit that the instant petition of complaint should be rejected.

The O.P further stated that the complainant does not come under the purview of definition of consumer in any manner. Hence the case should be dismissed.

Point for Decision:-

Whether the complainant is entitled to get the relief as prayed for?

Decision with Reasons

Complainant has submitted an affidavit-in-chief and also written argument to prove her case.

The Xerox copy of the Agreement dated 03.02.13 has been filed by the complainant.

Dictated and corrected                                                                     Contd. …. 4/-

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We have perused the said Agreement. It appears that the Agreement says that by the negotiation and intervention of the O.P. No.2 to purchase a complete flat on the ground floor measuring about 40 Sq.ft including super built up area with the same more or less in the disputed building from the land owner’s allocation along with proportionate undivided share of land at premises No. 42, B.T. Road, Kol-50, P.S. Baranagar, Dist- North 24 Pgs including common facilities and amenities related to the building along with all passages, staircases, water tank, septic tank, water reservoir , motor pump, overhead tank and roof etc. which are the subject matter of the Agreement entered by the complainant with the O.P. No.1. Thereafter, in terms of the said Agreement, the complainant paid a sum of Rs. 22,989 as earnest money to the O.P. No., till today out of total consideration of Rs. 40,000/- to purchase the said complete room in the ground floor.

O.P. admitted in his written version as well as evidence-in-chief that the complainant was in possession of the room and also admitted that he has received Rs. 22,989/-. O.P. No.2 in his written objection has stated that he has no knowledge about the Agreement and he does not know the complainant.

O.P. No.1 stated that the complainant was a tenant under him for the period of only three years from 01.03.03 at the said premises and after expiry of the said stipulated three years he has revoked and relinquished all relation between the land owner and tenant with the complainant. O.P. No.1 also stated that the complainant hold the possession of one room as illegal occupier. But it appears that O.P. No.1 never filed any suit for recovery of possession of the said room of the complainant.

On the other hand, O.P. No.1 admitted that he has received a sum of Rs. 22,989/- from the complainant. O.P. No.1 also stated that he received a sum of Rs. 16,000/- from the complainant towards the refundable interest free security deposit at the time of commencement of such tenancy and further received Rs. 6,989/- from the complainant on different dates as loan. So, the O.P received the sum of Rs. 22,989/- in total on different dates as security money executed between the complainant and the O.P. But the Agreement says different and the Agreement is signed by the complainant and O.P. No.1. So, the O.P. No.1 is bound by the Agreement and it is obligatory on the part of the O.P. No.1 to complete the sale process by executing and registering the Deed of Conveyance in favour of the complainant in respect of the disputed flat. Accordingly, the complainant is entitled to get relief as prayed for.

Dictated and corrected                                                                     Contd. …. 5/-

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Both the complainant and the O.P submitted written notice of argument.

Hence

           Ordered,

                              That the complaint be and the same is allowed on contest against the O.Ps with cost of Rs. 2,000/-.

O.Ps are directed to execute and register the Deed of Conveyance and hand over the vacant possession in favour of the complainant in respect of the complete room in the ground floor south east side lying in the premises No. 42, B.T. Road, P.S. Baranagar, Kol-50, Dist- North 24 Pgs. having 40 Sq.ft built up area with common bath and privy and undivided proportionate share demarcated portion of the property including common facilities and amenities within one month from the date of this order, in default the complainant is at liberty to get the deed executed and register through this Forum.

O.Ps are further directed to pay compensation of Rs. 10,000/- to the complainant for harassment and delay and also litigation cost of Rs. 1,000/- payable within one month from the date of this order.

Opposite Parties are directed to comply the order very strictly within stipulated time, failing which for non-compliance of the Forum’s order O.P shall be imposed punitive damage as Rs. 50/- per day what shall be deposited to the State Consumer Welfare Fund.

Let copies of the ‘Order’ be supplied to the parties free of cost, as and when applied for.

           Member                                                                                            President     

       Dictated & Corrected by me.