DIST. CONSUMER DISPUTES REDRESSAL FORUM
NORTH 24 Pgs., BARASAT.
C. C. NO- 46/2018
Date of Filing: Date of Admission: Date of Disposal:
20.01.2018 02.02.2018 31.10.2018
Complainant :- 1. Sri. Buddhadeb Das,
Son of Late Gokul Chandra Das,
Aged about 57 years,
Permanently residing at
103, Kalicharan Ghosh Road,
Police Station- Baraganar,
P.O- Sinthee, Kolkata- 700050,
West Bengal
=Vs=
Opposite Parties :- 1. M/s B.D Construction,
A proprietorship concern
Having its office at
3/1A, Bir Ananta Ram Mondal Lane,
Police Station- Baranagar, P.O- Sinthee,
Kolkata- 700050, West Bengal
2. Sri Bhaskar Das,
Son of Sri. Sudhanshu Kumar Das,
And the sole proprietor of
M/s B.D. Construction
Voluntarily residing at
3/1A, Bir Ananta Ram Mondal Lane,
Police Station- Baranagar,
P.O- Sinthee, Kolkata- 700050, West Bengal
P R E S E N T :- Sri. Bankim Chandra Chattopadhyay………..…..President.
:- Smt. Silpi Majumder ……………………………………Member.
:- Smt. Monisha Shaw …………………………………….Member.
Judgment
This complaint is filed by the complainant u/S 12 of the CP Act, 1986 alleging deficiency in service as well as unfair trade practice against the OPs as the OPs did not execute and register the Deed of Conveyance in his favour in respect of the questioned flat till filing of this complaint.
The brief fact of the case of the complainant is that he purchased a self-contained residential flat on the 3rd floor on the 4th storied building. For purchasing the said flat the complainant entered into an agreement for sake with the OPs on 17.04.2004. The complainant paid the entire consideration amount of Rs. 6,30,000/- to the OPs and the OPs have duly acknowledged the same by issuing several money receipts.
Cont………………….2
:2:
On 11.06.2005 the OPs requested the complainant by issuing a letter for taking possession in the said flat as the same was completed and ready for possession. It is the duty of the OPs to execute and register the Deed of Conveyance in favour of the intending purchaser, but no cogent reasons have yet been assigned by the OPs which refrained themselves from discharging their due liabilities regarding execution of the sale deed in favour of the complainant. On several occasions request was made by the complainant to the Ops, but the OPs tactfully avoided him without extending co-operation. On or about February 2017 the OP 2 started to demand more money towards the consideration for execution of the Deed of Conveyance. It is stated by the complainant that the OPs have constructed the building after deviation of the sanctioned plan, sanction by Baranagar Municipality. Due to this reason the complainant and all other inhabitants of the said building are suffering from immense difficulties. The OPs have also failed to get completion certificate for the said 4th storied building and due to this reason the inhabitants including this complainant are not in a position to muted their flats in their names and thus they are deprived from getting basic Municipal Services. It is stated by the complainant further that due to non-registration of the flat he did not get the absolute title as yet in his name in respect of the said flat. On 11.06.2005 as per request of the OPs the complainant took possession in his flat but till date the OPs do not bother to execute and register the Deed of conveyance in his favour in respect of the Schedule flat. As the OPs have miserably failed to redress his grievance, finding no other alternative the complainant has approached before this Ld. Forum by filing this complaint praying for direction upon the OPs for execution and registration of Deed of conveyance in respect of the said flat in his favour, i.d. registration through the machinery of this Ld. Forum to pay a sum of Rs. 2,00,000/- towards compensation due to unnecessary harassment , mental pain and agony and litigation cost to the complainant.
After admission hearing Notices were served upon the OPs. Inspite of receipt of the notices the OPs did not bother to contest the complaint either orally or by filing Written Version. After expiry of the statutory period for filing Written Version as the OPs did not turn up, this Ld. Forum was pleased to pass an order that the complaint will Ex parte against the OPs.
Subsequently the complainant adduced evidence on affidavit. On 26.10.2018 it is submitted by the complainant to treat the petition of complaint as his BNA.
We have carefully perused the record, documents filed by the complainant and heard argument at length advanced by the Ld. Counsel for the complainant.
Cont………………….3
:3:
In the present state of affaire we may mention to the judgment passed by the Hon’ble NCDRC in the case of M/s. Singla Builders & Promoters Limited vs Aman Kumar Garg, reported in 2018 (1) CPR 314 (NC), decided on 16.10.2017, wherein it has been held that ‘non-filing of written version to complaint amounts to admission of allegations leveled against them in consumer complaint.’
The abovementioned Ruling can be applicable in the case in hand as in the instant complaint inspite of receipt of notices and their appearance, the OPs chose not to contest the complaint by filing written version. Therefore in view of the said judgment the allegations as made out by the Complainant in the petition of complaint can be admitted as no rebuttal is forthcoming against such allegations.
We have noticed that the allegation of the complainant revoles within a very short compass i.e. non-execution and registration of the Deed of Conveyance in respect of the Schedule flat in favour of the complainant. Admittedly for purchasing a flat for his residential purpose the complainant enter into an agreement for sale with the OPs and paid entire consideration money to the OPs. Subsequently the complainant got physical possession in his flat. The allegation of the complainant is that till filing of this complaint the OPs did not execute the sale deed, hand over the completion certificate inspite of his several requests. In our view as per the terms and the condition of the agreement for sale it is the bounden duty of the OPs to do the aforementioned as they have received the entire consideration amount from the complainant. Admittedly until and unless sale deed is executed in favour of the complainant, the complainant will not receive his title in respect of the said flat. Moreover if the OPs will not hand over the completion certificate in respect of the said building, the complainant is not in a position to muted his name in respect of his flat with the concerned Municipality. Till mutation the complainant will not get due basic service from the concerned Municipality also and obviously in this manner complainant is suffering from great hardship due to non-execution of the sale deed and non-handing over the Completion Certificate. In the prayer portion the complainant has prayed for the above relief and in respect of that reliefs as no rebuttal is forthcoming from the OPs, in our view the allegation as made out by the complainant against the OPs can be admitted. As the complainant has successfully proved his complaint, hence the complaint succeeds.
Admittedly due to non-execution of the sale deed complainant is suffering for a prolong period, such inaction of the OPs can be termed as deficient, for which the complainant is entitle to get compensation from the OPs. It is obvious that by filing this complaint the complainant has incurred some expenditure for this proceeding and hence we are inclined to direct the OPs to pay some litigation cost to the complainant.
Cont………………….4
:4:
Going by the foregoing discussion hence it is ordered that the complaint is allowed ex parte against the OPs with cost.
The OPs are directed either jointly or severally to execute and register the Deed of conveyance in respect of the flat in his favour within 60 days from the date of passing of this Judgment i.d. the complainant is at liberty to register the sale deed through the machinery of this Ld. Forum.
The OPs are further directed either jointly or severally to pay a sum of Rs 5000/- towards compensation to the complainant due to unnecessary harassment and prolonged mental anxiety and litigation cost of Rs. 1,000/- to the complainant within 60 days from the date of passing of this Judgment, i.d. the complainant will be at liberty to put the entire order in execution as per provision of Law.
Let plain copy of this order be given to the parties free of cost as per the CPR, 2005.
Member Member President
Dictated & Corrected by
