| Complaint Case No. CC/266/2021 | | ( Date of Filing : 13 Sep 2021 ) |
| | | | 1. Tapan Kimar Bhowmick, S/O-Late Nani Gopal Bhowmick,Prop.Of GEM ENTERPRISES. | | at Premises No.57/1,Sahid Sunil Sen Sarani(Holding No.162),P.S-Dum Dum,Kolkata-700028 |
| ...........Complainant(s) | |
| Versus | | 1. Tapan Chakraborty,C/O-Hironmoy Mukherjee | | Residing at Sodpur,Ghola,Kadamtala,P.S.Ghola,P.O.Ghola Bazar,Kolkata-700111 | | 2. Tapas Chakraborty,C/O-Hironmoy Mukherjee | | Residing at Sodpur,Ghola,Kadamtala,P.S.Ghola,P.O.Ghola Bazar,Kolkata-700111 | | 3. Kobita Mukherjee,C/O-Hironmoy Mukherjee | | Residing at Sodpur,Ghola,Kadamtala,P.S.Ghola,P.O.Ghola Bazar,Kolkata-700111 | | 4. Mita Banerjee(Chakraborty,C/o-Mr.Jayanta Banerjee) | | 69,Banerjee Para Road,Bank Coloney,P.S.Tollygaunge,Kolkata-700041 | | 5. Sabita Samaddar (Chakraborty) C/o Salil Samaddar D/o Late Nalini Bhusan Chakraborty | | Residing AT 3 XB Sagarbhanga Housing Coloney , P.S- Township, Durgapur-713211. | | 6. Paushali Poly Banerjee D/o Late Bimal Banerjee | | 73/16B, Baruipara Lane, P.S- Baranagar, Kolkata-700035 | | 7. Barnali Banerjee D/o Late Bimal Banerjee | | 73/16B, Baruipara Lane, P.S- Baranagar, Kolkata-700035 | | 8. Pubali Banerjee D/o Late Bimal Banerjee | | Residing at Premises No. 158/4, Baruipara Lane, P.S- Baranagar, Kolkata-700035. | | 9. Tarun Chakraborty S/o and D/o Late Tushar Chakraborty | | Residing at Premises No. 57/1, Sahid Sunil Sen Sarani, P.S- Dum Dum, kolkata-700028. | | 10. Tanima Chakraborty S/o and D/o Late Tushar Chakraborty | | Residing at Premises No. 57/1, Sahid Sunil Sen Sarani, P.S- Dum Dum, kolkata-700028. | | 11. Sankar Bose, S/o Subir Kr.Bose, partner of M/s Swarup Construction | | 115,Sunny Apartment,Sahid Sunil Sen Sarani, P.S-Dum Dum, Kolkata-700028 | | 12. Gautam Chakrabarty, S/o Dhirendra Nath Chakrabbarty, partner of M/s Swarup Construction | | 42/4/1, S.K.Dev Road,3rd Bye Lane, P.S-Lake Town,Kolkata-700048 | | 13. Abhijit Ghosh, S/o Late Subhas Chandra Ghosh, Partner of M/s Swarup Construction | | B1,69/1,S.K.Deb Road, P.S-Lake Town,Kolkata-700048 |
| ............Opp.Party(s) |
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| Final Order / Judgement | - There was a development agreement dated 21.05.1998 in between land owner namely Kamala Chakraborty and the developer i.e. M/s Swaroop Construction in respect to premises no. 162, Sahid Sunil Sen Sarani, Kolkata-700054 and it was agreed by and between them that a 5 storied building would be raised thereupon. The complainant being interested for his livelihood in shop room being no. 02, at the ground floor of the proposed building measuring about 120 sq.ft. entered into an agreement on 09.10.1999 with the developers and land owners for purchasing the said shop room at Rs. 84,000/-. The said amount was to the developer since the said shop room was a part of developer’s allocation under the development agreement.
- Possession of the said shop room was delivered on 09.11.2000 but the OPs did not execute and register a sale deed in respect to the said shop room for which the complainant had to file this case on 13.09.2021 seeking direction to the OPs for execution and registration of sale deed for shop room no. 02 together with compensation of Rs. 1, 00,000/-.
- The developers filed W/V to contest the case. But the land owners did not contest the case by filing W/V within the stipulated time for which the case was heard ex parte as against them.
- In support of his case the complainant has filed copy of development agreement, agreement for sale of the shop room, money receipts, evidence-in-chief, copy of possession letter dated 09.11.2000, lawyers letter dated 11.10.2019 asking the OPs to go for execution and registration of sale deed among others. Save and except W/V filed by the developers (OP no. 11-14) nothing has been filed on behalf of the OPs. The documents filed by the complainant have gone unchallenged for which they appear to be quite credible and acceptable.
- Para 4 of the W/V filed on behalf of the OP no. 11-14 on 14.01.2022 clearly acknowledges that Rs. 84,000/- was paid by the complainant in instalments for the shop room. It is apparent therefrom that possession was delivered to the complainant on 09.11.2000. Thus, it becomes an admitted fact that the full price of the shop room in question was paid by the complainant and the complainant was consequently put into possession on 09.11.2000. From the material available on record it is obvious that the matter related to execution and registration of sale deed has not been done by the OPs so far. Therefore, the direction sought for execution and registration of sale deed in respect to the shop room should be issued in favour of the complainant. The complainant has sought for compensation of Rs. 1, 00,000/- for the delay in causing the execution and registration of a valid deed for the said shop room but the amount claimed appears to be excessive one, inasmuch as, he has since 09.11.2000, been using the said shop room for earning his livelihood. Only he had to run some anxiety or harassment for the omission on the part of the OPs in the matter of causing transfer under valid documents. For such harassment and anxiety he may be allowed compensation to the extent of Rs. 15,000/-. He will also get a sum of Rs. 15,000/- on account of litigation cost.
The case is thus disposed of with the following directions:- - The OPs will execute and register a sale deed in favour of the complainant in respect to the shop room no. 02 at premises no. 162, Sahid Sunil Sen Sarani, Kolkata-700054 in favour of the complainant within a period of 45 days hence.
- They will pay to the complainant a sum of Rs. 15,000/- as compensation and Rs. 15,000/- as litigation cost totaling Rs. 30,000/- within a period of 45 days hence failing which the said amount will accrue interest @ 12% p.a.
Let a plain copy be given to the parties free of cost as per CPR. Dictated and Corrected by [HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT | |
