Judgment : Dt.19.12.2017
Shri S. K. Verma, President
This is a complaint made by one Smt. Kalpana Ghosh, wife of late Kali Ghosh, residing at flat on 3rd floor, 110/1B, R.N.Tagore Road, Purbachal, P.S.-Takurpukur, Kolkata-700 063 against Sri Pratap Chowdhury, son of late Hari Charan Chowdhury, sole proprietor of Chowdhury Construction, residing at flat on 1st floor, 110/1B, R.N.Tagore Road, Purbachal, P.S.-Takurpukur, Kolkata-700 063, OP No.1, and Smt. Anuradha Rajak (Chowdhury), wife of Sri Pratap Chowdhury, residing at flat on 1st floor, 110/1B, R.N.Tagore Road, Purbachal, P.S.-Takurpukur, Kolkata-700 063, OP No.2, praying for a direction upon the O.P. No.1 & 2 to execute and register the deed of conveyance in the name of the Complainant in respect of the flat measuring more or less 740 sq.ft. super built up area situate on the third floor East side corner at KMC Premises No.1549 B, Vidyasagar Sarani, Purbachal, P.S.-Thakurpukur and further direction upon the OP No.1 & 2 to provide the building completion certificate in respect of building situated at KMC Premises No.1549 B, Vidyasagar Sarani, Purbachal, and direction upon the OP No.1 & 2 to pay compensation of Rs.5,00,000/- and Rs.50,000/- as litigation cost.
Facts in brief are that Complainant is an old lady and OP No.1. Sri Pratap Chowdhury is sole proprietor and carries a business of builder and developer in the name and style Chowdhury Construction. OP No.2 is the sole owner of the land measuring about 2 katha 9 chitkas 22 sq.ft. under P.S.-Thakurpukur within the limits of Kolkata Municipal Corporation, Ward No.124, KMC Premises No.1549B. Complainant was in search of an accommodation. OP No.1 offered Complainant to sell a flat in the proposed new building to be constructed on premises No.11549B under Thakurpukur P.S. So, Complainant entered into an agreement with OP No.1 on 15.2.2011 to purchase a self contained flat measuring about 740 sq.ft. super built up area on the third floor East side corner of the proposed building at a total consideration of Rs.7,77,000/- payable by instalments. Thereafter, on 18.11.2015 supplementary agreement for sale was executed between the developer and Complainant. Complainant paid total agreed consideration.
OP No.2, the sole land owner, Smt. Anuradha Rajak entered into a development agreement with OP No.1 and also executed a power of attorney in favour of OP No.1. After completion of the flat OP No.1 handed over possession to the Complainant in the year 2011 and duly issued possession letter dt. 22.6.2011. Complainant on the same date accepted possession of the flat. OP No.1 assured the Complainant that he will make deed of conveyance in favour of Complainant and also hand over completion certificate. Complainant on many occasions requested developer, OP No.1 to make the conveyance deed, but OPs did not oblige. So, Complainant filed this case.
OPs filed written version and denied the material allegations of the complaint. Further allegation of OPs is that Complainant has not paid the full amount to OP No.1 within 24 months of the agreement dt.15.2.2011 and lastly she paid full amount on 18.11.2015. OPs did not deduct 10% of the booking money as per agreement out of mercy. OPs were always ready to execute the deed of conveyance. OPs are continuously requesting Complainant to get the deed of conveyance registered but Complainant is neglecting that. So, OPs prayed for dismissal of this case.
Decision with reasons
Complainant filed affidavit-in-chief to which OPs filed questionnaire against which Complainant filed affidavit-in-reply. OPs filed evidence to which Complainant filed questionnaire to which OPs filed affidavit-in-reply.
Main point for determination is whether Complainant is entitled to the reliefs as prayed.
In this regard, written version of OPs is clear that they are willing and ready to make conveyance deed in favour of Complainant. It is the Complainant who is delaying the registration process.
Further allegation of OPs is that due to non-payment of consideration amount in time, registration was not done. Complainant made total payment sometime in 2015 after which possession was handed over. Even today it is the Complainant who is delaying the Registration process.
Complainant has also prayed for compensation of Rs.5,00,000/- and litigation cost of Rs.50,000/-. The conduct of Complainant appears to be contrary to the fact that she did not make payment of total consideration money and so, she is not entitled to any compensation or litigation cost.
Hence,
ordered
CC/216/2017 and the same is allowed in part on contest. OPs are directed to make deed of conveyance in favour of Complainant of the scheduled flat mentioned in the agreement for sale within 3 months of this order.
