DATE OF FILING                    :           05-11-2012.

DATE OF S/R                            :         05-12-2012.

DATE OF FINAL ORDER      :           04-02-2013.

Sri Kunal Banerjee,

Sri Mrinal Banerjee,

both sons of  Sri Asis Kumar Banerjee,

residing at 20, Paran Chandra Das Road,

( previously 54/9, Ichapur Road ),

P.S. Bantra, District –Howrah,

PIN – 711101.----------------------------------------------------  COMPLAINANTS.

Versus   -

Sri Biswanath Hazra,

son of late Gour Mohan Hazra,

residing at 20, Paran Chandra Das Road

( previously 54/9, Ichapur Road ) P.S. Bantra,

District - Howrah,

PIN – 711101.------------------------------------------------------------------OPPOSITE PARTY.

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

The complaint case ( HDF 152 of 2012 ) was filed by the complainants    U/S

12 of the  C.P.  Act, 1986, as amended against the O.P.  alleging deficiency in service  wherein the complainants have prayed for direction upon the O.P. Shri Biswanath Hazra to execute and register the deed of conveyance in respect of the flat measuring a total covered area 767 sq. ft. along with 229 sq. ft. open space situated on the northern side, eastern side and western side of the covered residential area as pr Schedule 'B' of holding no. 20, Paran Chandra Das Road, P.S. Bantra, District – Howrah, together with compensation for Rs. 10,00000/- and litigation cost as the o.p. in spite of delivered of  possession of the flat as tenant since 2008 after receiving the portion  of consideration money of Rs. 6,32,000/- against total agreed money of Rs. 7,00,000/- has refused to execute the deed of conveyance.

Proper notice was served upon the o.p. Sri Biswanth Hazra who subsequently

appeared and submitted his written version wherein he ( herein o.p. ) raised some analogous points in respect of register the complaint in the Forum and also did not pay any services to the complainants for which question of deficiency in service under Section 2(1)(o), 2(1)(r) does not hold good for which the complaint lodged by the complainants is frivolous or vexatious in terms of Section 26 of the C.P. Act, 1986 for which the petition of the complainants should be dismissed with cost.

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

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

Whether the complainants are  entitled to get any relief as prayed for ? 

DECISION  WITH   REASONS      :

4                              Both the points are  taken up together for consideration. On scrutiny  of the record and the enclosures it is  admitted facts that the complainants entered into two separate agreement with the o.p. on the dated 17-02-2010 with respect to the flat measuring 685 sq. ft. and further on 14-09-2011 for a total covered area 767 sq. ft. along with open space 229 sq. ft. at holding no. 20, Paran Chandra Das Lane, P.S. Bantra, District – Howrah. The enclosures reflect that the o.p. received the total amount of Rs. 6,32,000/- against total consideration amount of Rs. 7,00,000/-, as per two separate agreements made on 17-02-2010  & 14-09-2011 respectively. The complainants already posessed the said portion as a tenant since 2008. It further appears that the o.p. in spite of receipt of the agreed major portion of money  has  not performed his part and obligation towards executing and registering the deed of conveyance. We have also considered the points raised by the o.p. regarding treating the complainants as consumers which is well established U/S 2(1)(d) of the C.P. Act, 1986, because of the fact the complainants paid the consideration amount against agreed amount to the o.p. to be recognized as consumer as per norms, for which the question as raised by the o.p. is not sustainable at this juncture. 

                Considering the above we have our considered opinion that this is a fit case for granting relief to the complainants in terms of his prayer.

                Accordingly both the points are disposed of. 

                In the result, the petition succeeds.       

                Hence,

O     R     D      E      R      E        D

                That the C. C. Case No. 152 of 2012 ( HDF 152 of 2012 )  be  and the same is  allowed on contest against the o.p. Sri Biswanath Hazra with costs.

                The O.P. be directed to execute and register the deed of conveyance in the names of the complainants with respect of flat of total area 767  sq. ft. with open space 229 sq. ft. as per Schedule 'B' under schedule portion of Schedule 'A' at 20, Paran Chandra Das Lane, P.S. Bantra, Howrah, after receive balance amount as per two agreements of Rs. 68,000/-  from the complainants  within 30 days from the date of this order.

                                The o.p. do pay a compensation to the tune of Rs. 10,000/- to the complainant for causing inconvenience, mental pain and prolonged harassment by non execution of the deed of conveyance.

                The o.p. do pay a further litigation costs of Rs. 5,000/- to the complainant.

                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.