In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No. 275 / 2010.
1) Smt. Bhavna Rajib Mehta & Smt. Chetna Bhavesh Mehta,
10A, Dr. Rajendra Road, 2nd Floor, Flat No. 2A, Kolkata-700020. ---------- Complainant
---Versus---
1) Sri Virendra Kumar Sanghvi,
Sole Proprietor of M/s. Guru Cotton Corporation,
3, Wood Burn Road, Kolkata-700020.
2) Sri Amar Kumar Das
3) Sri Gour Mohan Das
4) Smt. Kalyani Das
5) Sri Sasanko Das
6) Sri Dipankar Das
7) Smt. Sarbani Das
2 to 7 are residing at
23A, Ananda Banerjee Lane, Kolkata-700020. -------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Sharmi Basu, Member
Order No. 19 Dated 27/08/2012.
The petition of complaint has been filed by complainants Smt. Bhavna Rajib Mehta & Smt. Chetna Bhavesh Mehta against the o.ps. Sri Virendra Kumar Sanghvi and others. The case of the complainant in short is that complainants have entered into an agreement for sale on 31.3.04 with o.p. no.1, developer who has power of attorney to proceed with the suit premises executed by land owners and complainants paid entire consideration amount of Rs.19,14,990/- and they are in possession of the suit flat but despite receipt of the entire consideration o.p. no.1 did not execute the deed of conveyance in favour of complainants despite thorough persuasion of complainants and complainants prayed for relief as mentioned in the complaint petition.
O.p. no.1 had entered its appearance in this case by filing w/v. Other o.ps. did not turn up and matter was heard ex parte against other o.ps. O.p. no.1 interalia stated that o.p. no.1 could not execute and register of deed of conveyance due to unwillingness of some land owners and prayed for dismissal of the case.
Decision with reasons: -
We have gone through the pleadings of the parties, evidence and documents in particular. It is an admitted position that o.p. no.1 had received Rs.19,14,990/- being the consideration sum for the flat in question and despite receipt of the same o.p. no.1 did not execute the deed of conveyance in favour of the complainants and we find no latches on the part of the complainants on perusal of the record and it is also clear from the record that o.p. no.1 being the promoter had sufficient latches on his part being service provider to its consumers / complainants. The contention of o.p. no.1 is that some of land owners were not reluctant to get the deed of conveyance registered in favour of complainants and it appears to us that the same is a lame excuse and it is o.p. no.1 who took the entire consideration sum and he is duty bound to take all steps to get things done as referred to above and land owners are also duty bound to get the flat registered in favour of complainants.
Perusal of the entire materials on record and in views of the findings made above we are of the view that o.ps. had sufficient latches on their part being service providers to its consumers / complainants and complainants are entitled to relief.
Hence, ordered,
That the petition of complaint is allowed on contest with cost as against o.p. no.1 and ex parte with cost as against other o.ps. All the o.ps. are hereby directed to execute and register the deed of conveyance in favour of complainants within 45 days from the date of communication of this order, i.d. interest @ 9% p.a. shall accrue as against o.p. no.1 and cost of Rs.50/- (Rupees fifty) only per day shall accrue as against o.p. nos.2 to 7 till date of registration. O.p. no.1 is also directed to pay to the complainants compensation of Rs.50,000/- (Rupees fifty thousand) only for their harassment and mental agony and litigation cost of Rs.7000/- (Rupees seven thousand) only within 45 days from the date of communication of this order, i.d. interest @ 9% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost.
