West Bengal

Kolkata-I(North)

CC/352/2004

Sri Kanwar Baldev Singh - Complainant(s)

Versus

Sri Narendra Kumar Jain - Opp.Party(s)

06 Aug 2008

ORDER

Consumer Disputes Redressal Commission, Kolkata - I (North)
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
Web-site - confonet.nic.in
 
Complaint Case No. CC/352/2004
( Date of Filing : 20 Dec 2004 )
 
1. Sri Kanwar Baldev Singh
S/o Kanwar Charan Singh, Flat No. 3, 3rd Floor, 1/178, Gariahat Road, P.S. - Lake, Kolkata - 700068.
...........Complainant(s)
Versus
1. Sri Narendra Kumar Jain
Flat no. 2A, 2nd Floor, 1/178, Gariahat Road, P.S. - Lake, Kolkata - 700068 and others
............Opp.Party(s)
 
BEFORE: 
 
PRESENT:
 
Dated : 06 Aug 2008
Final Order / Judgement

            Complainant and o.p. no.1 are present. Other o.ps. are not appearing. Heard complainant and o.p. no.1 perused the consumer complaint and the documents filed along with the consumer complaint. Order follows.

            Petitioner in this case has prayed for a direction upon the o.p. no.1 for registration and execution the deed of conveyance and other consequential relief in the following back drop.

            Petitioner purchased  the flat on the 3rd floor measuring 1250 sq.ft. along with car parking space consisting of 3 bed room, 2 baths, 1 varanda, 1 kitchen, 1 dining cum drawing and 2 toilets at premises no.1/178, Gariahat Road, South Kolkata at a consideration  of Rs.9,68,750/- by virtue of a memorandum of understanding dt.6.9.97. Petitioner got physical possession of the flat along with the car parking space on the ground floor and the o.p. did not register and execute the deed of conveyance in spite of representations. Thereby petitioner has been compelled to move this forum for above relief.

            It is submitted by ld. Counsel for o.p. no.1 that he is ready and willing to execute either as confirming party or to execute the deed of conveyance in favour of petitioner. O.p. no.3 is also ready and willing execute the deed of conveyance who is not appearing today but he has filed a copy of w/v before this forum.

            It is evident record and admitted by o.p. that the petitioner has paid the entire consideration money of the flat and o.p. no.1 delivered possession of the flat to the petitioner who is enjoying possession of the flat. But the deed of conveyance has not been registered and execute on repeated demand which is deficiency in service on the part of the o.p. and the petitioner thereby is entitled to relief as prayed for. In view of the fact and circumstances,  the consumer complaint succeeds and it is awarded in the following terms.

            O.p. nos.1 to 6 are directed to execute and register the deed of conveyance in favour of the petitioner within three months from date, failing which petitioner is at liberty to get the deed of conveyance register through the forum. Petitioner is directed to bear all cost of registration including stamp duty on the deed of conveyance.

            Let copy of this order be supplied to the parties free of cost.

 

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