DATE OF FILING : 28/04/2015
DATE OF S/R : 17/07/2015.
DATE OF FINAL ORDER : 27/02/2017.
Mr, Kausik Chakraborty,
son of Gouranga Chakraborty,
Of, North Baksara, Faridpur Block, P.O. Baksara,
P.S. Santragachi( Jagacha), District Howrah,
PIN 711 110…………….………………………..………………….COMPLAINANT.
1. Sri Subhasish Mukherjee,
S/O late Ajit Mukherjee,
138 Lalit Mohan Chatterjee Sarani,
P.S. Santragachi (Jagacha) P.O. Baksara,
Dist Howrah 711 110.
2. Sri Nibhasish Mukherjee,
S/O late Ajit Mukherjee,
138 Lalit Mohan Chatterjee Sarani,
P.S. Santragachi (Jagacha) P.O. Baksara,
Dist Howrah 711 110.
3. Sri Debasish Mukherjee,
S/O late Ajit Mukherjee,
138 Lalit Mohan Chatterjee Sarani,
P.S. Santragachi (Jagacha) P.O. Baksara,
Dist Howrah 711 110.
4. M/S Tina Developer
Proprietorship firm,
Represented by its prop.
Mr. Sanjay Palangdar, S/O late Murari Palngdar,
21/2, Shalimar Road, P.O. B. Garden
P.S. Shibpur
Dist Howrah 711 103. ……………………………….OPPOSITE PARTIES.
P R E S E N T
Hon’ble President : Shri B. D. Nanda, M.A. ( double ), L.L.M., WBHJS.
Hon’ble Member : Smt. Jhumki Saha.
Hon’ble Member : Shri A.K. Pathak.
F I N A L O R D E R
- Complainant, Mr. Kausik Chakraborty ,by filing a petition U/S 12 of the C. P. Act, 1986 ( as amended up to date ) has prayed for a direction to be given upon the o.p.s to execute and register the schedule shop room in his favour after taking the balance consideration amount , to hand over the possession letter alongwith the physical delivery of the possession of the said shop room, to pay Rs.2,00,000/- as compensation alongwith litigation cost and other relief or reliefs as the Forum may deem fit and proper.
- It is the specific grievance of the complainant that even after receiving an advance amount of Rs. 3,00,000/- out of total consideration amount of Rs. 4,40,000/-, - vide money receipt DT. 10/07/2013, Annexure “A”, from him, O.P.s failed to execute and register the Deed of Conveyance with respect to the scheduled shop-room measuring 110sq.ft including 20% superbuilt up in his favour till date in terms of the agreement for sale DT 10/07/2013 entered between them. O.P.nos 1,2 & 3 are the land-owners and O.P. no4 is the developper. It is allged by him that no possession has been given by the O.P.s till date. Complainant repeatedly requested the O.P.s to do the needful but they remained silent without doing anything till date. Being frustrated and finding no other alternative complainant filed this instant case with the aforesaid prayers alleging deficiency in service against the O.P.s. coupled with unfair trade practice.
- Notices were served. Only o.p no 4 filed w/v. Accordingly the case was heard exparte against the O.P.nos.1,2 and 3.
- Two points arose for determination :
i) Is there any deficiency in service on the part of the O.P. s ?
- Whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
- Both the points are taken up together for consideration. We have carefully gone through the complainant/ petition with the annexure filed by the complainant , w/v by the O.P.no 4 and noted their contents. O.P.no 4 has admitted the payment of Rs. 3,00,000/- by the complainant on 10/07/2013 towards the part payment for the shop room in question. At the same time O.P.no 4 has stated that due to heavy objection raised by the O.P.nos 1, 2 and 3, the land owners, O.P.no 4 could not complete the construction work till date. So, on his part ,there is no deficiency and O.P.no4 is ready and willing to complete the same and execute and register the Deed Of Conveyance in favour of the complainant. From this submission it is clear to us that O.Pnos 1,2 and 3 are creating and causing all problems for which complainant has been suffering in spite of making such a big amount of Rs. 3,00,000/-. O.P.s have failed to deliver the possession of the scheduled shop room to the complainant till date . It is very easily understood by a man of common prudence that O.P.s are not only deficient in service but also they adopted unfair trade practice. After receiving the advance amount from the complainant, it was the duty of the O.P.s to execute and register the Deed of Conveyance in favour of the complainant alongwith the delivery of possession. Moreover, O.P.nos 1, 2 and 3 have not cared to file any w/v , which clearly shows that they have nothing to put forward in their favour. And we have no difficulty to believe the unchallenged testimony of the complainant against O.P.s 1, 2 and 3. Accordingly , the complainant should not suffer . Enough time has passed away which certainly caused mental agony , physical harassment, and financial loss to the complainant. We all know that shop is meant for maintaining livelihood which is a basic need. To run one’s life smoothly, it is the urgent need. So we are of candid opinion that it is a fit case where the prayers of the complainant should be allowed with compensation against all O.P.s. Points under consideration are accordingly decided.
Hence,
O R D E R E D
That the C. C. Case No. 160 of 2015 ( HDF 160 of 2015 ) be allowed exparte with costs against the O.P.nos.1 , 2 and 3 and on contest with cost against the O.P. no 4.
That the O.P.s are jointly and severally directed to execute and register the Deed Of Conveyance in terms of the Agreement For Sale dt. 10/07/2013 in favour of the complainant alongwith the delivery of physical possession and Possession Letter to the complainant after completing construction work of the shop room in all respect within 30 days from the date of this order i.d the amount of Rs. 3,00,000/- shall carry an interest @ 8% p.a till actual registration. Complainant is directed to pay the balance amount of Rs. 1,40,000/- at the time of registration and to bear the cost of registration.payment.
The complainant do get an award of Rs. 15,000/- as compensation and Rs. 5,000/- as litigation costs. The o.p.s are directed to pay this total amount of Rs. 20,000/- within 30 days from the date of this order i.d., 8% p.a. interest shall be charged on the same till actual payment.
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.
( Jhumki Saha)
Member, C.D.R.F., Howrah.
