DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SOUTH 24 – PARGANAS ,
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SOUTH 24 – PARGANAS ,
AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 0144
C.C. CASE NO. 102_ OF ___2017
DATE OF FILING : 4.8.2017 DATE OF PASSING JUDGEMENT: 21.03.2018
Present : President : Ananta Kumar Kapri
Member(s) : Subrata Sarker & JhunAu Prasad
COMPLAINANT : Smt. Heera Guha, wife of Mr. Satyendra Nath Guha of South High, Apartment, Phaswe-I, 4th floor, Flat no.B, Kolkata- 700 084.
O.P/O.Ps : The South Calcutta Promoters Private Limited, South End Apartments, Garia Main Road, Garia, Kolkata – 84.
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J U D G E M E N T
Sri Ananta Kumar Kapri, President
Briefly stated , the complainant’s case is that she purchased a flat from the O.P, the developer, and also made the full payment of total consideration price of Rs.4,60,268/- . Along with the flat was also included a car parking space and the consideration price of the car parking space is also included within the aforesaid price. Possession of the flat and car parking space was made over to the complainant on 13.11.1993 . The complainant is in possession of the said flat and car parking space since then along with her family members. In January, 2017 the complainant went to the bank for taking a loan and the bank refused to advance any loan on the ground that the flat was not registered in favour of the complainant. Now, therefore, the complainant has filed the instant case ,praying for registration of the flat in her favour. Hence, the case.
Notice has been served upon the O.P but the O.P has not turned up to contest the case and hence the case is heard exparte against him.
DECISION WITH REASONS
Possession of the flat has already been made over to the complainant. The construction of the flat is also completed and there is no objection raised in this regard by the complainant. The only grievance of the complainant is that the flat has not yet been registered in favour of her. Possession of the flat was made over to the complainant in the year 1993 i.e about 25 years ago. Since then, the valuation of the flat/property has been increased to a large extent and complainant will, therefore, have to pay large amount of money for purchasing stamp paper and payment of registration fee. This is a great loss of the complainant and the complainant will have to suffer this loss only due to negligence of the O.P. The O.P could have registered the flat in favour of the complainant 25 years ago and had it been done so, the complainant would not have suffered such huge amount of loss. This is negligence on the part of the O.P and this negligence on the part of the O.P is treated as deficiency in service on his part. The O.P will have to pay compensation to make good the loss suffered by the complainant.
In the result, the case succeeds.
Hence,
ORDERED
That the complaint case be and the same is decreed exparte against the O.P with cost of Rs.5000/-.
The O.P is directed to effect registration of the flat succinctly described in the complaint in favour of the complainant and also to pay Rs.1 lac as compensation for loss and mental agony suffered by the complainant , within a month of this order, failing which the compensation amount and also the amount of ccost as referred to above will bear interest @10% p.a till full realization thereof.
Let a free copy of this order be given to the parties concerned at once.
President
We / I agree.
Member Member
Dictated and corrected by me
President
