FINAL ORDER/JUDGEMENT

SMT.   SUKLA SENGUPTA,   PRESIDENT  

The complainant one Arshad Ali filed the petition of complaint U/s 35 of the CP Act, 2019. The fact of the case in brief is that the complainant entered into an agreement on 10.02.2006 and 15.11.2007 with the OP members  for purchasing the scheduled residential flat measuring about  852 sq. ft.  including super built up area more or less on 4^th floor of the building consisting of 2 bed rooms, kitchen, leaving cum dining hall and one bath, marble flooring situated and  lying at 35, Gardeners Lane, Kolkata-700014 at  a price of Rs.  10, 22,400/- (Rs. ten lacs twenty two thousand four hundred) only. It is further stated by the complainant that he paid the entire amount except Rs.  1,00,000/- towards consideration money to the OPs No.  1 to 5 for the said flat in question. The copy of the agreement dated 10.02.2006 has been annexed as “A” and the copy of the agreement dated 15.11.2007 has been annexed as “B”.  

It is further stated by the complainant that on 2nd April, 2008 after receiving the entire amount of consideration, the OPs 1 to 5 handed over the possession and occupation letter to the complainant in respect of the flat in question which is annexed as “C”.  The complainant filed draft deed of conveyance and annexed as “D” but it is alleged that even after expiry of the stipulated period, the OPs did not execute and register deed of conveyance in favour of the complainant then the complainant served a demand notice to the OPs on 11.12.2020 (annexure “E”).  In spite of receipt of that demand notice, the OPs did not execute and register deed of conveyance.

  Hence, the case is filed by the complainant on 04.10.2021 with a prayer to give direction to the OPs to execute and register deed of sale in favour of the complainant on receipt of the balance amount of Rs.  1,00,000/- and/or to execute and register the deed of conveyance by appointing a special officer by the commission as per provision of order  No.  21 Rule 34 of the Civil Court Procedure in favour of the complainant.  

In view of the facts and circumstances of this case, it has to be considered by this commission:-

1.  Whether the commission is maintainable in the eye of law?  

2.  Whether this commission has jurisdiction to entertain the matter or not?

3.  Is the complainant a consumer?

4. Is there any deficiency on the part of the OPs?

5. Is the complainant entitled to get relief/reliefs as prayed for?

6. To what other relief or reliefs is the complainant entitled to get?

Decision with Reasons

All the points of consideration are taken up together for convenience of discussions and to avoid unnecessary repetitions. On a close scrutiny of materials on record, it appears that the case is maintainable in the eye of law and this commission has jurisdiction to entertain the matter from the documents as filed by the complainant and it appears that the complainant intends to purchase one residential flat measuring about 852 sq. ft. including super built up area more or less on 4^th floor, consisting  of two rooms kitchen, leaving cum dining hall  and one toilet cum bathroom, marble flooring, situated and lying at premises  35, Gardeners Lane, Kolkata-700014 as described in the schedule of the petition of complaint at a consideration of Rs. 10,22,400/- (Rupees ten lacs twenty two thousand four hundred) only . Accordingly, both the parties entered into an agreement for booking dated 10.02.2006 and agreement for sale dated  15.11.2007. It is further stated that the OPs 1 to 3 on receipt of entire consideration money handed over the physical possession of the flat in question on the 4^th floor at premises No.  35, Gardeners Lane, Kolkata-700014 on 7 April,  2008. It is further stated by the complainant that the OPs though signed and sealed the respective deed of conveyance of the flat in question but did not register the same till the date of filing of this case and a sum of Rs. 1,00,000/- only was due to pay by the complainant to the OPs which will be paid on the date of execution of the deed of conveyance.

From the unchallenged evidence of the complainant, it is revealed that he got the possession of the flat in question and only Rs.  1,00,000/- is due to pay to the OPs which would be paid by the complainant on the date of registration  of the deed of conveyance of the flat in question as  mentioned in the schedule of the petition of complaint but the  OPs 1 to 4 did not execute the deed of conveyance in favour of the complainant on payment of due amount of Rs.  1,00,000/- even on repeated request. Then the complainant served a demand notice on 12.12.2020 on the OPs but even after expiry of statutory period from the date of receipt of said notice the OPs did not execute the deed of conveyance in favour of the complainant in respect of the flat in question on receipt of Rs. 1,00,000/- and compelled the complainant  to knock the door of this commission for getting relief . Such conduct of the OPs 1 to 4 caused harassment, negligence, mental pain and agony to the complainant.

Hence, in view of the discussion  made above  and also considering the facts and circumstances,  the documents and unchallenged testimony of the complainant,  this commission is occupying that the complainant  is a consumer under the OPs 1 to 4  and the OPs are service provider and the OPs did not execute and register the deed of conveyance in favour of the complainant on payment of Rs. 1,00,000/- by the complainant on the date of registration and they  caused deficiency  in service  on their part. So, under such circumstances, it can  safely be held by this commission said that the complainant could be able to prove his case beyond all reasonable doubt and is entitled to get the relief as prayed for.

The case is properly stamped.

All the points of consideration are thus, considered and decided in favour of the complainant.

Hence,

Ordered

That the case be and the same is allowed ex parte against the OPs 1 to 4  with cost.

The complainant do get the decree in part as prayed for. The OPs 1 to 4 are directed to execute and register the deed of conveyance  of the flat in question  as described in the schedule  of the petition of complaint within  45 days from the date of this order on payment of Rs. 1,00,000/- by the complainant  on the date of registration. 

The OPs 1 of 4 are also directed to give compensation of Rs.  10,000/- to the complainant along with interest @ 2 % p.a. on the amount as stated above within 45 days from the date of this order.

If the OP members will fail to execute the decree within the stipulated period then the complainant will be at liberty to execute the same as per law.  

Copy of the judgment be supplied to the parties free of cost as mandated by the CP Act, 2019. The Judgement be uploaded forthwith on the website of the commission for perusal of the Parties.