1.      Sri Ashok Mondal,

son of late Jamini Mondal, &

2.      Smt. Champa Mondal,

wife of Sri Ashok Mondal,

both residing at 149 & 151, G.T. Road ( N ),

P.O. Salkia, P.S. M.P. Ghora,

District – Howrah.---------------------------------------------------- COMPLAINANTS.

-          Versus   -

1.      Sri Mantu Ranjan  Dutta,

son of late Sitanath  Dutta,

2.      Smt. Sefali Rani  Dutta,

wife of Sri Mantu Ranjan Dutta,

residing at 149 + 151, G.T. Road, Salkia,

P.S. M.P. Ghora, District -  Howrah,

PIN  – 711101.

3.      Sri Ashis Das,

son of late Motilal Das,

of 65/2, Sovan Chowdhury Lane, P.S. M.P. Ghora,

District – Howrah,

PIN – 711106.

4.      Sri Shanti Ranjan Dey,

son of late Krishna Dhan Dey,

of 18/4, Sovan  Chowdhury Lane, P.S. M.P. Ghora,

District – Howrah,

PIN – 711106.------------------------------------------------------OPPOSITE PARTIES.

                                                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

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.ps. to execute and register the sale deed with respect to the suit flat in terms of the agreement dated 08-04-2008 and to pay compensation to the tune of Rs. 1 lac and Rs. 50,000/- as costs as the O.Ps. in spite of receiving Rs. 5,50,000/- and only Rs. 10,000/- being due did not execute and register the deed of agreement with respect to the schedule flat located in the north-west side of the 2^nd floor in holding no. 149+151, G.T. Road, Salkia, P.S. Malipanchghora, District – Howrah.

2.                  The o.p.  nos. 3 & 4 in the written version contended interalia that they are the

land owners and only 40% of the share was allocated to them and they are in no way connected with the dispute between the O.P. nos. 1 & 2 and the complainant.

3.                  The O.P. nos. 1 & 2 in their written version contended that the complainant

was the licensee and the O.Ps. out of compassion agreed to sell the flat in question. As the entire amount was not paid in time as per the agreement, the complaint should be dismissed.

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

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

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. Admittedly a flat

measuring 799 sq. ft. was agreed to be sold to the complainant at a consideration of Rs. 5,60,000/-. From the enclosures it appears that the entire amount was mostly paid and Rs. 10,000/- remained due. It is palpable from the conduct of the O.Ps. ( nos. 1 & 2 ) that they failed and neglected to execute and register the deed of conveyance though the possession was delivered. Therefore, gross deficiency in service has been effected on the part of the O.P. nos. 1 & 2. It further appears that some work of the said building is yet to be completed as for example staircase, water  proof roof, cementing of super built areas, boring of water source and outside painting of the building walls. So the O.P. nos. 1 & 2 cannot have any escape from the rigours of the law. Both the points are accordingly disposed of.

      Hence,

O     R     D      E      R      E        D

      That the C. C. Case No. 158 of 2012 ( HDF 158 of 2012 )  be  and the same is disposed of on contest with costs against O.P. nos. 1 & 2 and dismissed without cost against O.P. nos. 3 & 4.

      The O.P. nos. 1 & 2 be directed to execute and register the deed of conveyance with respect to the suit flat within 30 days from the date of this order after receiving the balance amount of Rs. 10,000/- from the complainant.  

      The complainant be directed to make over the balance amount of Rs. 10,000/- to the O.Ps. ( no. 1 & 2 ) within 15 days from the date of this order to enable the O.Ps. to execute the deed of conveyance.

      The o.p. nos. 1 & 2  do pay a compensation of Rs. 50,000/- to the complainant for 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.