West Bengal

South 24 Parganas

CC/351/2015

Smt. Aruna Ghosh, Wife of Sri Nanda Dulal Ghosh. - Complainant(s)

Versus

Sri Netaipada Ghosh, S/O Late Gopinath Ghosh. - Opp.Party(s)

Sathi Sen.

18 Apr 2016

ORDER

DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , JUDGES’ COURT, ALIPORE KOLKATA-700 027

 

C.C. CASE NO. _351   OF ___2015____

 

DATE OF FILING : 30.7.2015     DATE OF PASSING JUDGEMENT:_18.04.2016

 

Present                        :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :  Smt.  Sharmi Basu & Subrata Sarker     

 

COMPLAINANT                  :   Smt. Aruna Ghosh,w/o Sri Nanda Dulal Ghosh of 47,Lake East Road, P.O Santoshpur, Kolkata – 75.

 

-VERSUS  -

 

O.P/O.Ps                                :    Sri Netaipada Ghosh,s/o late Gopinath Ghosh of 47, Lake East Road, P.O Santoshpur, Kolkata – 75. P.S Survey Park.

________________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

 

            Smt. Sharmi Basu, Member

             In a nutshell the case of the complainant is that  the O.P,  being land owner of the property being homestead Bastu land measuring about 2 cottah 5 chittak 22 sq.ft more or less  situated at Mouza Santoshpur, J.L. No.22, Touzi no.151, P.S Sadar, Tollygunge, of premises no. 31, Lake East 3^rd Road, Kolkata -75  , intended to develop the land  and started construction . But due to paucity of fund he was not in a position to complete the construction and on the verge of completion of construction O.P needed more money and decided to sale flat/portion of the ground floor measuring 357 sq.ft more or les and a shop room measuring 70 sq.ft at a total price of Rs.7,10,000/- . Complainant ,having been informed, agreed to purchase  the said flat and shop room and entered into an agreement for sale on 12.3.2014   . Complainant paid full consideration money to the O.P who also delivered possession to the complainant. But O.P refused to execute and register the deed of conveyance in respect of the property in question . Several reminders followed by lawyer’s notice yielded no result and hence this case, praying for execution and registration of the Deed of conveyance in respect of the property in question in favour of the complainant , compensation ,cost etc.

Inspite of service of summons upon the O.Ps, they are reluctant to appear and contest the case, for which case proceeded in exparte against them.

 

Points for Decision

1. Whether the complainant is a Consumer or not.
2. Whether there is any deficiency in service on the part of the O.Ps or not.
3. Whether the complainant is eligible to get relief as prayed for partly or fully.

Decision with reasons

       All the points are taken together as they are interlinked for the sake of convenience.

       Inspite of full service of notice the O.Ps did not take any step . Hence, the case proceeded exparte.

       After scrutinizing vividly the petition of complaint and its annexures  it appears that complainant has entered into an agreement for sale with the O.P on  12.3.2004  for purchasing a flat along with the shop room for a consideration of Rs.7,10,000/-. Though the complainant has paid the full consideration towards the flat and shop room but the O.P has not executed and registered the deed of conveyance with respect to the schedule B property ( mentioned in the complaint petition ) , though the agreement was made between the parties on 2.3.2004. This inaction and negligence of the O.P amounts to deficiency in rendering services by the O.P towards the complainant and O.P is duty bound to execute and register the deed of conveyance in favour of the complainant . and also liable to aptly compensate the complainant for the aforesaid deficiency in rendering service towards the complainant / consumer for his financial loss due to enhancement of stamp duty ande also mental agony and harassment.

        In para 8 of the petition of complaint which is filed on affidavit it appears that  the O.P assured and undertook to complete the unfinished works ,if any, on or before payment of entire consideration money. Therefore, complainant is “Consumer” and the O.P is service provider under section 2(1)(d)(ii) and Section 2(1)(d)(o) of the C.P Act, 1986.

         Thus all the appoints are discussed and the same are in favour of the complainant and the case succeeds.

         Hence,

                                                                   Ordered

That the complaint petition be and the same is allowed exparte against the O.Ps with cost.

The O.P is directed to execute and register the deed of conveyance in favour of the complainant in respect of the Schedule B property as mentioned in the petition of complaint in favour of the complainant and also to pay compensation to the tune of Rs.20,000/- and cost of Rs.5000/- to the complainant within 45 days from this date, failing which, complainant is at liberty to approach this Forum for execution of the order through this Forum .

Let a plain copy of Judgment be supplied to the complainant free of cost and a copy of this judgment be sent to the O.Ps through speed post as per rule.

 

 

Member                                                           Member                                                           President

 

Dictated and corrected by me

 

 

 

                        Member

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The judgement in separate sheet is ready and is delivered in open Forum. As it is ,

                                                                  Ordered

That the complaint petition be and the same is allowed exparte against the O.Ps with cost.

The O.P is directed to execute and register the deed of conveyance in favour of the complainant in respect of the Schedule B property as mentioned in the petition of complaint in favour of the complainant and also to pay compensation to the tune of Rs.20,000/- and cost of Rs.5000/- to the complainant within 45 days from this date, failing which, complainant is at liberty to approach this Forum for execution of the order through this Forum .

Let a plain copy of Judgment be supplied to the complainant free of cost and a copy of this judgment be sent to the O.Ps through speed post as per rule.

 

 

Member                                                           Member                                                           President