DATE OF FILING : 16-07-2012.
DATE OF S/R : 16-08-2012.
DATE OF FINAL ORDER : 04-10-2012.
Sri Ashok Chakraborty,
son of late Basudeb Chakraborty,
residing at 23, Sri Kishan Vakat Lane, P.S. Bantra,
District –Howrah,
PIN – 711 101.------------------------------------------------------------------ COMPLAINANT.
- Versus -
1. Sri Shyamal Kanrar.
2. Sri Pradip Kanrar,
both sons of Kashinath Kanrar,
both residing at Village and P.O. Balitikuri,
( opposite Tarundal Club ), P.S. Jagacha,
District – Howrah,
PIN – 711 113.-----------------------------------------------------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
The complainant, Mr. Ashok Chakraborty, by filing a petition U/S 12 of the C. P. Act, 1986 ( as amended upto date ) has prayed for a direction to be given upon the o.ps., Shri Shyamal Kanrar and Sri Pradip Kanrar to execute and register the deed of conveyance in his favour in respect of the property in question along with other relief or reliefs.
By virtue of an agreement entered into by and between the above mentioned parties on 09-01-2009, ops. took an advance payment of Rs. 1,00,000/- from the complainant out of the total consideration amount of Rs. 2,50,000/- towards the purchase of a land measuring 1 katcha 7 chattak 23 sq. ft. with one katcha room of 100 sq. ft. standing there upon situated at 23, Kishan Vakat Lane, P.S. Bantra, District – Howrah, vide annexure Agreement dated 09-01-2009. Thereafter on 4-11-09, o.ps. again took further advance amount of Rs. 1,00,000/- out of total consideration amount of Rs. 2,50,000/-. And finally on 21-12-2010, an amount of Rs. 40,000/- was paid to o.ps. by the complainant with the assurance given by o.ps. that very soon they would execute and register the Deed of Conveyance in favour of the complainant on receipt of the balance consideration amount of Rs. 10,000/-. And on the date of execution of the Agreement for sale on 09-01-2009, the complainant was delivered khas vacant possession of the said structure with the land. And o.ps. shifted their residence to Baltikuri, Jagacha, Howrah. Thereafter, on several occasions complainant visited the house of o.ps. with the request to accept the balance payment of Rs. 10,000/- and execute the Deed in his favour, particularly on 12-08-2011. But o.ps., on several pretexts were avoiding to do so that caused severe mental agony to the complainant. Ultimately on 18-04-2012, complainant sent one lawyer’s notice to the o.ps. which was received by them properly. Still without doing any thing, they remained silent. Finding no other alternative, complainant filed this instant petition alleging deficiency in service on the part of the o.ps.
Notices were served upon o.ps. from this Forum, but those were returned with the postal endorsement ‘Refused’. As refusal is a good service and also on 16-08-2012 none appeared on behalf on the o.ps, the next date on 10-09-2012 was fixed for
ex parte hearing. On 10-09-2012 complainant filed affidavit in chief and still o.ps. remained absent without any step. Accordingly on 19-09-2012 the case was heard ex parte.
DECISION WITH REASONS :
Complainant has filed his petition of complainant swearing an affidavit along with Agreement dated 09-01-2009. We have perused the backside of the Agreement wherefrom it is evident that o.ps. had taken a total amount of Rs. 2,40,000/-. And as per agreement, only 10,000/- is left to be paid by the complainant. Complainant tried his level best to get the Deed of Conveyance registered in his favour by visiting several times to o.ps.’ residence but failed to make his efforts fruitful.
The matter of one’s residential issue should always be given high priority. Without the registration of Deed of Conveyance, the complainant would have to face several problem with respect to electricity, water connection and gas connection and so on. Regarding the ownership of the o.ps. on the land and structure in question, complainant has filed xerox copy of certified copy of registered deed dated 19-09-2003. And o.ps., although, had taken a major portion of the consideration value for the said property, did not care to execute and register the Deed of Conveyance in favour of the complainant. Even they have refused to receive the notice of this Forum. And even in spite of having knowledge about this case, neither they appeared nor filed written version wherefrom it is crystal clear that with all ulterior motive they have avoided the notice of this Forum. And that should never be permitted in the eye of law. By not doing their part of job, o.ps. have neglected their duty towards complainant which caused indescribable and immense mental pain to the complainant. Complainant have also filed an affidavit in chief in support of his contention made out in his petition of complaint. And we have no difficulty to believe the unchallenged testimony of the complainant. Accordingly, we hold o.ps. to be deficient in service.
Hence,
O R D E R E D
That the C. C. Case No. 75 of 2012 ( HDF 75 of 2012 ) is allowed with costs against the o.ps.
That the O.Ps. are jointly directed to execute and register the Deed of Conveyance in favour of the complainant with respect to the scheduled property in terms of Agreement dated 09-01-2009 on receipt of balance amount of Rs. 10,000/- within one month from this order. Complainant is directed to bear the cost of such registration. The o.ps. are further directed to pay a compensation of Rs. 10,000/- and litigation cost of Rs. 2,000/- to the complainant within one month. The o.ps. are directed to comply this order in toto within one month, i.d. Rs. 50 per day shall be charged against them till full compliance.
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.
