Ashok Hait,

son of Sri Madan Hait,

residing at 126/2, Markadah Road, P.S. Bantra,

Dsitrict – Howrah,

PIN 711 101. ---------------------------------------------------- COMPLAINANT.

-          Versus   -

1.      Prabir Paul,

son of late Pashupati Paul,

Howrah – 711101.

2.      Smt. Sima Paul,

wife of Sri Prabir Paul,

both are residing at 12, Kedar Deuti Lane,

P.S. Bantra, District – Howrah,

PIN – 711 101.-----------------------------------------------------OPPOSITE PARTIES.

                                                P    R    E     S    E    N     T

President     :     Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.

Member      :      Shri P.K. Chatterjee.

Member       :     Smt. Jhumki Saha.

                                                 F  I   N   A    L       O   R   D    E     R

1.               The instant case was filed by complainant U/S 12 of the C.P. Act, 1986

wherein the complainant has  prayed for direction upon the o.p. no. 1, Prabir  Paul to execute and register the sale deed with respect to ground floor flat measuring 371 sq. ft. and for other reliefs as the O.Ps. in spite of receiving Rs. 2 lakhs out of the total consideration money of Rs. 4,08,100/- did not execute and register the same on some pretexts.  

2.                  The o.ps. in their  written version contended interalia that as per agreement the

complainant was to pay his total amount within three months of the date of agreement. As he did not act upon, the agreement stands annulled; that the complainant is already in possession of the same.  

3.        Upon pleadings of both parties two points arose for determination :

i)          Is there any deficiency in service on the part of the O.Ps.  ?

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

DECISION  WITH   REASONS      :

4.               Both the points are  taken up together for consideration. Admittedly the O.Ps. received Rs. 2 lakhs from the complainant and possession was delivered to him on 01-02-2011. The total consideration money for 371 sq. ftr. Flat was fixed at Rs. a4,08,100/-. It is further admitted that the complainant was a tenant under O.Ps. originally. It is further admitted position that the complainant has inducted  new electric meter and connection after receiving the possession of the flat.  

5.               In such circumstances we fail to understand how the O.Ps. can drag the meter for registration of the deed of conveyance further. It is a fit case where the prayer of the complainant shall be allowed.

            Both the points are accordingly disposed of.  

      Hence,                             

O     R     D      E      R      E        D

      That the C. C. Case No. 330 of 2013 ( HDF 330 of 2013 )  be and the same is allowed on contest with costs.

      The complainant be directed to pay the balance amount of Rs 2,08,100/- to the O.Ps. within 15 days from the date of this order and the O.P. be directed to execute and register the proper deed of conveyance in respect to the schedule flat in favour of the complainant within 30 days from the date of this order.

      The o.ps. be directed to pay a compensation of Rs. 10,000/- for mental pain and prolonged harassment and a litigation costs of Rs. 3,000/-.

      The complainant is at liberty to put the decree into execution after expiry of the appeal period.

      Supply the copies of the order to the parties, as per rule.

DICTATED  &    CORRECTED

BY   ME.  

  (    T.K. Bhattacharya  )                                              

  President,  C.D.R.F.,Howrah.                                   

( Jhumki Saha )                         ( P. K. Chatterjee )                (T.K. Bhattacharya  )

 Member,                                     Member,                                President,

 C.D.R.F.,Howrah.                     C.D.R.F.,Howrah.                 C.D.R.F.,Howrah