DATE OF FILING : 31-07-2012.
DATE OF S/R : 31-08-2012.
DATE OF FINAL ORDER : 12-03-2013.
Kalpan Majhi alias Kalpana Ranjan Majhi,
daughter of late Ranjan Majhi,
resident of Dainhat, Katwa, P.S. Katwa,
District – Burdwan,
at present temporarily residing at
c/o. Chakradhar Bera,
22/20, Balai Mistry Lane,
Howrah – 711 103.----------------------------------------------------------- COMPLAINANT.
- Versus -
Sri Jayanta Debnath,
son of Kamal Chandra Debnath,
resident of 10/1/1, Nilratan Mukherjee Road,
P.S. Shibpur,
District –Howrah.------------------------------------------------------------OPPOSITE PARTY.
P R E S E N T
President : Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.
Member : Smt. Jhumki Saha.
F I N A L O R D E R
1. The instant case was filed by complainant U/S 12 of the C.P. Act, 1986
wherein the complainant has prayed for direction upon the o.p., Jayanta Debnath to make over the possession of the suit property and to execute and register the deed of conveyance with respect to the same and to pay a compensation of Rs. 1,00,000/- for causing mental pain and agony together with litigation costs as the O.P. in spite of proper agreement with respect to the suit flat and after receiving the total consideration money did not execute the deed of conveyance and deliver the possession.
2. Notice was properly sent at the address of the O.P. on 16-08-2012. The O.P.
received the same on 22-08-2012 as it is reflected from the A.D. Card. In spite of receipt of the notice the O.P. did not care to appear before the Forum. Several dates were fixed for filing written version. As the O.P. did not file any written version the matter was heard ex parte.
3. Upon pleading two points arose for determination :
i) Is there any deficiency in service on the part of the O.P. ?
ii) Whether the complainant is 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 enclosures it is found that the O.P. entered into an agreement with the complainant Kalpana Majhi for sale of the schedule mentioned flat measuring 432.4 sq. ft. at premises no. 21/2, Ananda Kumar Roy Chowdhury Lane, P.S. Shibpur, Howrah. It further appears from the money receipts that O.P. Jayanta Debnath received Rs. 4,71,000/- from the complainant towards consideration money. We are, therefore, of the view that the O.P. cannot have any respite from the rigours of law as he deviated from the agreement entered in between himself and the complainant. Interim injunction was granted on the date of filing of the complaint i.e. on 31-07-2012 as there was strong apprehension for making a 3rd party interest by the O.P. surreptiously. Therefore, it is a fit case where the prayer of the complainant shall be allowed. Both the points are accordingly decided.
Hence,
O R D E R E D
That the C. C. Case No. 88 of 2012 ( HDF 88 of 2012 ) be allowed ex parte with costs against the O.P., Jayanta Debnath.
The O.P. be directed to deliver possession of the flat as mentined in the schedule and cause execution and registration of the deed of conveyance within 30 days from the date of this order.
The o.p. be further directed to pay a compensation to the tune tune of Rs. 1 lac to the complainant for causing mental pain, agony and prolonged harassment.
The complainant is further entitled to a litigation cost of Rs. 5,000/-.
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.
