West Bengal

South 24 Parganas

CC/598/2014

Sri Nirmal Chandra Banerjee, S/O Late Bijoy Lal Banerjee. - Complainant(s)

Versus

Sri Ram Chandra Shaw, Prop. of Sarada Construction, S/O Kapil Shaw. - Opp.Party(s)

31 Mar 2015

ORDER

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

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

 

C.C. CASE NO. _598_ OF ___2014_____

 

DATE OF FILING : 11.12.2014_     DATE OF PASSING JUDGEMENT:_31.3.2015__

 

Present                        :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :         Dr. (Mrs.)  Shibani Chakraborty

                                                                             

COMPLAINANT             :   Sri Nirmal Chandra Banerjee, s/o late Bijoy Lal Banerjee of B5/3,

                                              Type II, Purba GD Block, 1582/2, Rajdanga Main Road, P.S. Kasba,

Kolkata – 107.

 

-VERSUS  -

 

O.P/O.Ps                                 :  Sri Ram Chandra Shaw, Prop. Sarada Construction, s/o Sri Kapil Shaw, Purba Baidya Para, P.O & P.S Soanrpur, Kolkata – 150.   

________________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

 

Sri Udayan Mukhopadhyay, President                                    

            It is the positive case of the complainant that he entered into two agreements for sale with the vendor/land owner ,who developed his own bastu land , on 4^th May, 2011 for purchase of 2 flats at ground floor and 2^nd floor situated at Kamrabad, P.O & P.S Sonarpur, Ward no.9, under Rajpur Sonarpur Municipality, Kolkata – 150 and paid Rs.16,00,000/- out of total consideration money of Rs.18,40,000/- . Complainant several times requested the O.P to execute and register the deed of conveyance  ,accepting the balance amount and to hand over possession of the same but the O.P failed and neglected to execute and register the same. Repeated requests followed by lawyer’s notice also yielded no result and hence the case. Complainant also prayed for not to transfer the said two flats to another person or persons.    

            Inspite of good service of notice, the O.P fought shy of contesting the case and accordingly the case proceeded exparte .

            Points for decision in this case is whether there is any deficiency in service on the part of the O.P and /or unfair trade practice adopted by the O.P or not.

                                                            Decision with reasons

            We find that complainant already entered into an agreement, wherein owner agreed to sell and transfer the said flat in favour of the purchaser in respect of a flat measuring super built up area 1100 sq.ft more or less of the second floor including super built up area of 12% @ 1200 /- per sq.ft along with undivided share of the said land after receiving the total consideration money of Rs13,20,000/- and the owner further agreed to sale and transfer 400 sq.ft in its entity along with shop garage and one bath room in favour of the purchaser/complainant @ 1300/- per sq.ft at a consideration of Rs.5,20,000/- thereby total consideration money is Rs.18,40,000/-. It is the further case of the complainant that 2 agreements for sale was executed between the Vendor/O.P and the complainant on 4^th May, 2011 for the purpose of purchase of flat at ground floor and second floor situated at  Kamrabad, P.O & P.S Sonarpur, Ward no.9, under Rajpur Sonarpur Municipality, Kolkata – 150 and Rs.16 lacs was paid out total consideration money of Rs.18,40,000/-. But inspite of several requests the Vendor/owner did not execute and register the deed of conveyance ,accepting the balance consideration money of Rs.2,40,000/-.  

            On perusal of the entire documents submitted by the complainant we find that the O.P acted unfair trade practice and deficiency of service but not executing and register the deed of conveyance ,accepting the balance amount of consideration money of Rs.2,40,000/-.

            Hence,

                                                                        Ordered

That the application under section 12 of the C.P Act is allowed exparte.

The O.P is directed to execute and register the deed of conveyance of the said two flats after accepting Rs.2,40,000/- from the complainant within 45 days from the date of this order and also deliver possession of the two flats , failing which complainant is at liberty to execute the same through the machinery of this Forum after depositing the remaining consideration money to this Forum.

O.P is hereby instated not to deliver possession of the said two flats save and except the complainant. If the O.P failed to put in possession of the flats after receiving Rs.2,40,000/- ,then the complainant is at liberty to approach before the local P.S i.e. Sonarpur P.S. and in that event Officer-In-Charge of Sonarpur P.S will render necessary assistance so that the complainant may get possession of the two flats .

O.P is directed to pay litigation cost of Rs.5000/- to the complainant within that stipulated period.

Let a plain copy of this order be given to the complainants free of cost and send a copy of this order to the O.Ps through post for their strict compliance.

 

                                                                        Member                                               President

Dictated and corrected by me

 

                        President

 

 

 

 

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

 

Ordered

That the application under section 12 of the C.P Act is allowed exparte.

The O.P is directed to execute and register the deed of conveyance of the said two flats after accepting Rs.2,40,000/- from the complainant within 45 days from the date of this order and also deliver possession of the two flats , failing which complainant is at liberty to execute the same through the machinery of this Forum after depositing the remaining consideration money to this Forum.

O.P is hereby directed not to deliver possession of the said two flats save and except the complainant. If the O.P failed to put in possession of the flats after receiving Rs.2,40,000/- ,then the complainant is at liberty to approach before the local P.S i.e. Sonarpur P.S. and in that event Officer-In-Charge of Sonarpur P.S will render necessary assistance so that the complainant may get possession of the two flats .

O.P is directed to pay litigation cost of Rs.5000/- to the complainant within that stipulated period.

Let a plain copy of this order be given to the complainants free of cost and send a copy of this order to the O.Ps through post for their strict compliance.

 

                                                                        Member                                               President