West Bengal

Bankura

CC/1/2019

Sri Arabinda Patra - Complainant(s)

Versus

Sri Sujit Kumar Patra - Opp.Party(s)

Durgaprasad Sarkar

22 Feb 2024

ORDER

  IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, BANKURA 

  Consumer Complaint No. 01/2019

                                                        Date of Filing:   03/01/2019                                                

Before:                                        

1. Samiran Dutta                            Ld. President.      

2. Siddhartha Sankar Bhui            Ld. Member. 

 

For the Complainant:  Ld. Advocate: Durgaprasad Sarkar /Jayanta Kumar Mukhopadhyay:

For the O.P. : Ld. Advocate Manik  Biswas

 

Complainant  

Sri Arabinda Patra, son of Late Amulya Ratan Patra, Flat No.8, Prnabananda Pally, P.O.-Kenduadihi, P.S. & District. -Bankura, Pin-722102.       

Opposite Party 

1. Sri Sujit Kumar Patra, son of Sri Nabagopal Patra, residence of Koyabad, P.O.-Koyabad, P.S.- Indpur, Dist- Bankura, Pin- 722121.

2.  Abayab Infra Private Limited, Head Office Jail Road (Near Bankura Seva Niketan), Bankura, P.O., P.S. & District-Bankura, Pin- 722101.

 

FINAL ORDER / JUDGEMENT

Order No.29

Dated: 22-02-2024

Both parties file hazira through Advocate.

The case is fixed for argument.

After hearing argument from both sides the Commission proceeds to dispose of the case as hereunder: -

The Complainant’s case is that he purchased one unit of flat from O.P. No.2 represented by O.P. No.1 & Ors under a registered Deed of Conveyance dated: 10/02/2015. O.P. No.1 also received Rs.50,000/- on behalf of O.P. No.2 by signing a Money receipt dated: 29/06/2014 on account of Car Parking space/Garrage in terms of  the Agreement for sale dated: 25/06/2013  but the earmarked Garrage which the Complainant is in possession and enjoyment has not been transferred till now by execution of any deed of Conveyance. A Lawyer’s Notice dated: 05/07/2018 on behalf of the Complainant was sent to O.P. No.1 for the same but the reply Advocate’s Letter dated: 31/07/2018 was sent on behalf of O.P. No.1 conveying his inability to comply with his obligation because of the fact that                         O.P. No.2 /Company is no more in existence and O.P. No.1 is also no more a Director thereof. The Complainant has therefore approached this Commission for appropriate relief.

O.P. No.1 contested the case by filing a written version   denying all the material facts of the case praying for dismissal of the case.

                                                                                                                                              

                                                                                                                                                                                     Contd……p/2

Page:2

                                                                                        -: Decision with reasons: -

Having regard to the facts of the case, submission, contention and documents on both sides the Commission finds that admittedly O.P. No.1 received Rs.50,000/- on account of Garrage under Money Receipt dated: 29/06/2014 but the same has not been transferred to the Complainant by executing any deed of Conveyance though the Complainant is in possession and enjoyment thereof since purchase of the flat.

At the time of hearing Ld.Advocate for O.P. No.1 expressed before the Commission that his client  who was present at the time of hearing is ready and willing to execute and register the Deed of Conveyance for transfer of the Garrage but he has raised a legal hurdle as to the Authority of O.P. No.1 as Director to execute and register the  Deed of Conveyance on behalf of O.P. No.2/Company since both O.P. No.1 & 2 are no longer in existence. In support of this contention no material could be produced before the Commission as to the resignation of O.P. No.1 and the dissolution of O.P. No.2/Company save and except Lawyer’s Notice.

Under Section 168 of the Company’s Act, 2013 the resignation of the O.P. No.1 as Director must be communicated and accepted by the Registrar of Companies in accordance with law and unless this legal formality is followed and complied with O.P. No.1 still continues to be the Director of O.P. No.2/Company and as such O.P. No.1 has the authority and power to discharge the function as Director by executing and registering the Deed of Conveyance in respect of the allotted Garrage in favour of the Complainant. U/s 43 of Indian Contract Act any one of Joint Promisors  may be compelled to perform the terms and condition of the contract and as such there is no legal bar for O.P. No.1 to execute and register the Deed of Conveyance as above on behalf of O.P. No.2/Company.

The case therefore succeeds.

Hence it is ordered……..

That the case be and the same is allowed on contest but without cost.

O.P. No.1 is directed to execute and register the Deed of Conveyance in respect of the allotted Garrage in favour of the Complainant as Director on behalf of O.P. No.2/Company within two months from this date I/D law will take its own course.

Both parties be supplied copy of this order free of cost.

 

 ____________________                _________________         

HON’BLE   PRESIDENT           HON’BLE MEMBER