DIST. CONSUMER DISPUTES REDRESSAL FORUM
NORTH 24 Pgs., BARASAT.
C. C. CASE NO. 559/2014
Date of Filing: Date of Admission Date of Disposal:
29.09.14 10.10.2014 15.05.2015
PETITIONER = Vs. = O.Ps.
1.Samar Nandy, 1. The Parijat Construction,
S/o. Late Narayan Ch. Nandy, 68, Pioneer Park,
2. Joyita Nandy, P.O.& P.S. Barasat,
W/o. Samar Nandy, Dist- North 24 Parganas,
both residing at Bidhan Pally, West Bengal.
Madhyamgram, 2. Arun Dey, Kalikapur,
North 24 Parganas, P.S. Barasat, Dist- North 24 Pgs
Kol-700129, W. B. Managing partner of
Parijat Construction,
68, Pioneer Park,
P.O & P.S. Barasat,
Dist- North 24 Pgs, W.B.
3. Souren Dey,
Nabapally,
P.S. Barasat,
Dist- North Pgs and partner of
‘Parijat Construction, 68, Pioneer Park,
P.O & P.S. Barasat,
Dist- North 24 Pgs, W.B.
4. Susmita Paul Chowdhury,
W/o.Lt. Anup Paul Chowdhury,
5. Anirban Paul Chowdhury,
S/o. Lt. Anup Paul Chowdhury,
6. Samir Paul Chowdhury,
S/o.Lt.Jagadish Ch.Paul Chowdhury,
7. Prabir Paul Chowdhury,
S/o. Lt.Jagadish Paul Chowdhury,
All residing at Subhas Pally,
P.O. Madhyamgram,
P.S. Barasat, Dist- North 24 Pgs,
W.B.
J U D G E M E N T
The fact of the case, in short, is that an agreement for sale was entered into by and between the parties as owners, promoters and purchasers, the complainants on 15.08.07, on the terms and conditions as mentioned therein.
The complainants stated that in terms of the said agreement and in terms of the progress of the construction made by the developer, the O.P. Nos. 1 to 3, the complainants had paid the consideration in the following manner:-
By cheque No.009523 dated 21.07.2007, Allahabad Rs. 20,000/-
By cheque No.036349 & 034350 dt. 06.09.07, Rs. 2,30,000/-
& 16.08.07, Allahabad Bank, New Barrackpore, Kodalia Branch.
By way of cash on 28.10.2010 Rs. 2,50,000/-
By cheque No.033397 dated 28.10.2010 Rs. 50,000/-
Allahabad Bank, New Barrackpore, Kodalia Br.
By way of cash on 17.07.2012, Rs. 30,000/-
TOTAL Rs. 5,80,000/-
The complainants further stated that as on 28.10.10 the said flat was lying ready for possession. However, the O.P. Nos. 1 to 3 had failed and/or neglected to complete the lift and other facilities in the said building for which the complainants suffered heavily.
The complainants also stated that the O.Ps handed over possession of the said flats on 28.10.10 and it was agreed that the balance sale consideration of Rs. 38,150/- would be paid simultaneously with the execution of the conveyance after completion of the balance portion of the building.
The complainants further stated that on 15.04.14 the complainants met the O.P. Nos. 1 to 3 and requested to make the O.P. Nos. 4 to 7 as parties to the conveyance of the said flat.
The complainants also stated that the O.P. Nos. 1 to 3 through their Advocate, by letter dated 30.04.14, wherein it was interalia accepted that the said O.Ps were ready and willing to execute the Deed of Sale and /or Conveyance in favour of the complainants without making the O.P. Nos. 4 to 7 as parties. Also several allegations were leveled against the complainants in such letter.
Dictated and corrected Contd. …. 3/-
C. C. Case No.-559/2014
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The complainants further stated that in response to the said letter of the O.P. Nos. 1 to 3’s advocate, by letter dated 09.05.14, through their Advocate.
The complainant also stated that the O.P. Nos. 1 to 3 are further liable for deficiency of services relating to non execution of the conveyance of the complainant. Hence the complaint.
The O.Ps have contested the case by way of filing written version.
The O.Ps stated that the possession of the flat was delivered in favour of the complainants on 28.10.10 and to that effect possession certificate was issued in favour of the complainants and it should be brought to the kind notice of the Ld. Forum that although payment was due on account of consideration money but these O.Ps delivered the possession in favour of the complainants who took the possession of the flat in good condition and at the time of taking the possession of the flat in question.
The O.Ps further stated that agreement was executed firstly by the O.Ps on 15.08.07. Thereafter the complainant and the O.Ps entered into further agreement on 20.10.10 but during this long period of 7 years and/or 4 years the complainants never expressed his intention to get their flat registered and even the complainants felt no necessity to intimate these O.Ps that the complainants were ready and willing to perform their part by making payment of balance consideration money and thereby the complainants failed to pay the instalment as per agreed terms. Hence the O.Ps prayed for dismissal of the case.
Point for Decision:-
Whether the complainant is entitled to get any relief as prayed for?
Decision with Reasons
Both the complainants and the O.Ps filed affidavit-in-chief in support of their contention and their written version.
O.Ps have admitted that the agreement between the complainants and the O.Ps regarding sale and disputed flat and also delivered the possession in favour of the complainants on 28.10.10 and issue the possession certificate.
The O.Ps have stated that the time without numbers the complainants were asked to get their flat registered but the complainants were never ready and willing to get the same and in no circumstances the O.Ps are liable to bear their registration cost as illegally claimed by the complainants.
Dictated and corrected Contd. …. 4/-
C. C. Case No.-559/2014
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It appears that out of total consideration money of Rs. 6,18,150/- the complainants have already paid Rs. 5,80,000/- . The complainants stated that Rs. 38,150/- was due and it was decided it will be paid with the execution and registration of the deed of conveyance.
The O.Ps have an obligation to execute and register the deed of conveyance when they have received the consideration money in part and after considering the materials on record, we are of the view that the complainant is entitled to get the relief as prayed for in this case.
Hence
Ordered,
that the complaint be and the same is allowed on contest against the O.Ps.
The O.Ps are directed to execute and register the deed of conveyance in favour of the complainants after receiving the balance consideration money from the complainants within one month from the date of this order, failing which the complainants are at liberty to deposit the balance consideration money in the Forum to get execute and register through this Forum.
The O.Ps are directed to pay as compensation for mental agony and Rs. 5,000/- as litigation cost to the complainant in executing and registering the deed of conveyance and within one month from the date of this order, failing which O.Ps shall have to pay sum of Rs 250/- per days from the date of this order till it realization, as punitive damages, which shall be deposited by the OPs in this State Consumer Welfare Fund.
Let copies of the order be supplied to the parties free of cost when applied for.
Member President
Dictated & Corrected by me.
