Dt. of filing- 27/05/2019

Dt. of Judgement- 10/02/2020

Mrs. Sashi Kala Basu, Hon’ble President.

          This complaint  is  filed by the complainant Smt. Kalpana Das  under Section  12 of the Consumer Protection Act,  against the  Opposite Parties ( referred as  OP hereinafter ) namely – (1) Sri Gautam Chatterjee (2) Smt. Usha Dey (3) Smt. Bela Das Choudhury (4)Smt. Dolly Roy (5) Smt. Rita Majumder (6) Smt. Sandhya Roy Choudhury (7) Smt. Shampa Das and (8) Sri Sankar Roy, alleging  deficiency in service  on their part.

          Case of the complainant in short is that one Smt. Nilima Roy since deceased was  the owner in respect of the property  measuring about  2cottaha 15 chitaks   situated  at Mouza – Arakpur, J.L. No.  39 comprised in  E.P.  1373 B in C.S. Plot No. 1855 (P)  1856 (P) under Police Station – Jadavpur . For the better  use and enjoyment of the said property , said Nilima Roy  entered into an agreement  of development on 04.10.2004 with the OP No.1 to raise the construction  of a residential  multi-storied building  over the said land. She also  executed and registered a   General Power of Attorney in favour of OP No.1  on 14.06.2005. Subsequently, complainant  entered into an agreement  with the OP No.1 by an agreement for sale dated 06.08.2005  to purchase a flat  as described in the  schedule – B of the agreement,  at a consideration  of Rs. 3,00,000/-. Complainant has paid  the entire   consideration  price  and she has also been handed over  the possession  of the said flat. Since  than she has been  in possession of the same. In the meantime,  the original  owner  namely Nilima Roy died intestate  on 06.03.2006 leaving behind  her  6 daughters and one son i.e.  the present OP Nos. 2 to 8. So,  by way of  inheritance , OP Nos. 2 to 8 have become the absolute  owners of the property. But inspite of  several  request,  to  execute and register  the  deed of conveyance  in favour of the complainant, OPs paid no heed. So, the present complaint   has been filed   praying for directing the OPs to execute and  register  the deed of conveyance  in respect of the flat  in favour of the complainant, to pay compensation of Rs. 1,00,000/-   and litigation cost of Rs. 10,000/-.

           Complainant  has annexed with the  complaint, copy of the agreement   for sale date d 06.08.2005 entered into by and between the parties, the receipts  issued by the OP No.1 on payment of the consideration price  by the complainant, the electricity bill,  copy of the  death certificate  of Nilima Roy and copy of the notice  sent by the complainant to the OPs  through her Ld. Advocate.

          On perusal  of the record it appears   that inspite of  service of the notice,  none of the OPs took any step and thus the case  came  up for exparte hearing.

          So, the only points requires  determination  is :-

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

Decision with reason

          On perusal of the agreement dated 06. 08.2005, it appears that the  same  was entered  into between the  OP No.1 being the constituted  attorney  of the owner namely Nilima  Roy  and the complainant.  Owner namely Nilima Roy  has also put her  thumb impression  in the said agreement. It is evident that the  complainant  agreed to purchase   the flat  described in schedule B of the agreement at a consideration of Rs. 3,00,000/-. Receipts have been filed wherefrom it appears   that  the entire amount  has been paid by the  complainant. It  is the admitted  case of the complainant that she  is  in possession  of the schedule  flat   and to show her possession, she has  also filed an electricity  bill. Since  before this Forum there is absolutely no contrary material  to  counter  or rebut the claim  of  the complainant, complainant is entitled  to the execution and registration of the deed  in respect of the flat  as per agreement. She is also entitled to the  compensation as  she has to bear the registration cost as  per  the present market value. Thus an amount of Rs. 40,000/- towards  compensation  and litigation cost  of Rs. 10,000/-  would be justified.

Hence,

                       Ordered

          CC/ 245/2019 is  allowed exparte.  OPs are directed  to execute and register  the deed of conveyance in respect of the flat in favour of the complainant as per agreement dated 06.08.2005 within two months from the  date of this order. They are further directed  to pay the compensation of Rs. 40,000/- and litigation cost of Rs. 10,000/- within the aforesaid period  of two months.