J U D G E M E N T

              Claiming himself as a consumer, under the C. P. Act, 1986, the complainant has sought for interference of this Forum in respect of fact complained of.   

               In succinct, the case stated in the complaint, is that, the       Complainant entered into an ‘Agreement for Sale’ on 09.06.2006, with the Opposite Party for purchasing a self contained residential flat, measuring 755 Sq. ft. more or less including super built up area, @ Rs. 700/- per Sq. Ft, at a total consideration of Rs. 5,28,500/- only. Accordingly the Complainant claimed to have paid the amount of Rs. 5,50,000/- only as consideration amount including the registration charges to the Opposite Party, but had failed to execute and register the said flat in favour of the Complainant in spite of repeated requests and demand instead of entire payment of consideration amount along with the registration charges had already been made, what amounts deficiency and/or negligence in rendering service towards him, for which he has to suffer harassment and mental agony and prayed for compensation. Hence, this case is filed seeking adequate redressal.

              Resisting the complaint, all the Opposite Party by filing Written Version denying all the contentions and all material allegations made by the Complainant in the petition of complaint and stating inter alia, that the Complainant has no locus standai, and the case is not maintainable either in law or in fact.

              The specific case, as stated by the Opposite Party, in terse, is that admitting the case of the Complainant the Opposite Party stated that the Complainant did not pay the entire consideration amount of the said flat as the actual measurement of the said disputed flat is 880 sq. ft. instead of agreed 755 sq. ft. which is very much within the knowledge of the Complainant and for which the total consideration amount of the said flat is amounted at Rs. 6,16,000/- only @ Rs. 700/- per sq. ft. which had not yet been paid by the Complainant to the Opposite Party though the Opposite Party had admitted to receive the sum of Rs. 5,50,000/- only as claimed by the Complainant. Moreover some extra works had also been done in the said flat of the Complainant amounting to Rs. 50,000/- only which was also not yet been received by the Opposite Party till date.

                    The Opposite Party specifically stated that if the Opposite Party severally requested the Complainant to pay the balance amount but the Complainant did not pay heed to it. So if the Complainant will pay the rest amount of Rs. 1,16,000/- only the Opposite Party is always ready and willing to execute and register the ‘Sale Deed’ in respect of the said flat in favour of the Complainant. Thus the Opposite Parties denied any deficiency and negligence against the Complainant and prayed for dismissal of the case against him.           

                                                                                        Point for Consideration

       1.  Is the complaint maintainable under the C. P. Act ?

       2.  Was there any negligence and/or deficiency in service

                                on the part of the O.P ?

       3.  Is the complainant entitled to get the relief as prayed for ?

                                                                                        Decision with Reasons      

              All the points are taken up together for consideration for the sake of convenience and brevity.

              We have carefully considered and scrutinized the submission made before us by the Complainant and also the Opposite Party and also critically perused all the material documents on record.   

              The dispute between the both Complainant and the Opposite Party is that whether the Complainant is entitled to get the said flat executed and registered by the Opposite Party and also entitled to get the other reliefs as prayed for or not.    

               On overall evaluation of the argument made before us by the Complainant and also the Opposite Party and the material evidences on record, it is evident and admittedly the Complainant entered into an ‘Agreement for Sale’ on 09.06.2006, with the Opposite Party for purchasing a self contained residential flat, measuring 755 Sq. ft. more or less including super built up area, @ Rs. 700/- per Sq. Ft, at a total consideration of Rs. 5,28,500/- only.

               The Opposite Party has admitted that the Complainant had paid the amount of Rs. 5,50,000/- only which was duly received by him.

                 Manifestly, it is crystal clear from the Written Version filed by the Opposite Party that the actual measurement of the said disputed flat is 880 sq. ft. instead of 755 sq. ft. as written in the ‘Agreement for Sale’ dated 09.06.2006 which is never denied by the Complainant at the time of the hearing the argument or anywhere else or never prayed for any commission to show that the allegation of the Opposite Party is not true.

               Moreover, the Complainant had also admitted that he had got the actual possession of the said flat on 2007 as delivered by the Opposite Party.

               The fact remains that the area of the said flat is actually of 880 sq. ft. and thus the actual consideration amount of the sais flat should be Rs. 6,16,000/- only @ 700/- only per sq. ft. as per the terms and conditions of the said ‘Agreement for Sale’ dated 09.06.2006.

                The record reveals that the Complainant already had paid a sum of Rs. 5,50,000/- only. Thus the Complainant have to pay the balance amount of Rs. 66,000/- only to the Opposite Party and the Opposite Party is liable to execute and register the ‘Sale Deed’ in respect of the said flat in favour of the Complainant.

                Moreover the Opposite Party claimed to do some extra works in the said flat of the Complainant which amounts Rs. 50,000/- only. But the Opposite Party did not produce any document or any scrap of paper to show that any extra work was actually done in the said flat. So the Opposite Party is not entitled to get any amount regarding the extra works done as alleged by him.

                Thus, the unanimous decision of the Forum is that the Complainant shall have to pay a sum of Rs. 66,000/- only to the Opposite Party and the Opposite Party is liable to execute and register the ‘Deed of Conveyance’ in respect of the said flat in favour of the Complainant on the same day.

              Therefore, in light of the above analysis, we are of the opinion that the Complainant has successfully proved his case and is entitled to get the relief as prayed for and consequently the points for consideration are decided in affirmative.

              In short, the Complainant deserves success.

              In the result, we proceed to pass

                                                                                           O R D E R

                That the case be and the same is allowed on contest against the Opposite Party with cost of Rs. 3,000/- only payable by the Opposite Party within one month from the date of this ‘Order’.

               That the Complainant is directed to pay a sum of Rs. 66,000/- only to the Opposite Party at the time of executing and registering the said ‘Sale Deed’ by the Opposite Party.

               That the Opposite Party is directed to execute and register the Deed of Conveyance in respect of the said flat in favour of the Complainant within one month from the date of this ‘Order’.

                                That in default, the Complainant has liberty to execute and register the same through the Consumer Forum and in this situation the Complainant shall have to deposit the said amount of Rs. 66,000/- only to the head of the ‘President’ at DCDRF, at Dist. Hoogly at Chinsurah.

            In the event of non compliance of any portion of the order by the O.P. within a period of one month from the date of this order, the O.P. shall have to pay a sum of Rs. 200/- per day, from the date of this order till full satisfaction of the decree, and out of such amount 50% shall be paid to the Complainant and rest 50% shall be deposited by the O.P. to the State Consumer Welfare Fund.

              Let copies of the order be supplied to the parties free of cost when applied for.