No. 5/02.03.2009.

HON’BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.

Appellant through Mr. Tridip Roychowdhury, the Ld. Advocate and Respondent No. 1 through Ms. Sukanya Banerjee, the Ld. Advocate are present.  Ms. Banerjee, the Ld. Advocate for the Respondent informs the Commission at the outset that in terms of our order dated 17.02.2009 the steps were taken by her client and following the same the original Deed of Conveyance has since been received by the Respondent No. 1 - Complainant.  There is no complaint that the Appellant has withheld the co-operation.  In the circumstances the registration of the Deed in respect of the ground floor of the disputed property having been complete and the Original Deed also having been received the Complainant is not having any other grievance except in respect of cost as directed by the Forum below.  We take also notice of the fact that the Appellant has extended co-operation in the matter of resolving the dispute though at a late stage.  In the circumstances we allow the appeal only to the extent of modification of the quantum of cost imposed by the Forum below and the same is reduced to a sum of Rs. 3,000/- in place of 5,000/- as compensation for the mental trace and agony and the Ld. Advocate intimates this Commission that within seven days such cost will be also paid to the Complainant - Respondent No. 1.  In case of default the Complainant - Respondent No. 1will be entitled to recover in accordance with law with the interest @ 9% p.a. for the period of default.