NEERAJ GUPTA Vs. BIPLAB BHOWMIK

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 21.7.2003 passed by the District Consumer Forum -24 Parganas North in D.F.C. Case No. 23 of 2003 thereby allowing the complaint filed by Mr. Biplab Bhowmik (the present respondent) ex parte and directing the O.Ps. (the present appellant) to hand over possession of the disputed flat No. 304 at premises No. 30, Italgachha Road, Kolkata -28 to the complainant and to execute a deed of conveyance in favour of the complainant within a period of three months from the date of the order. The Forum further directed the O.Ps. to pay a sum of Rs. 20,000 as compensation for harassment suffered by the complainant as well as cost of the litigation within a period of two months from the date of that order failing which this amount would carry interest @ 18% per annum.

(2.) BEING aggrieved by this judgment the O.Ps. had preferred the present appeal challenging the order as erroneous, illegal, improper and unsustainable.

(3.) THE case of the complainant was that his father, Nityananda Bhowmik since deceased, entered into an agreement with the O.Ps. on 4th April, 2001 for purchasing a flat in the housing complex in dispute styled as Ma Bindachal Apartment to be constructed by O.Ps. and as per the terms and conditions of the contract the said Nityananda paid a sum of Rs. 2,20,000 to the O.Ps towards the consideration money for the said flat. Against such payment the O.Ps. granted receipt dated 18.3.2001 and 4.4.2001. But the said Nityananda Bhowmik died on 10.5.2001 before the construction of the flat was completed. Thereafter the complainant being the son of the deceased Nityananda, requested the O.Ps. to deliver possession of the flat to him and also to execute and register a deed of conveyance. But the O.Ps. did not comply with his request. Hence, he filed the case praying for an order directing the O.Ps. to deliver possession of the flat in question to him and also to execute and register a deed of conveyance in his favour and also for compensation.