MANS CHANDRA ROY Vs. GOPAL SARAWAGI

JUDGEMENT

(1.) THIS appeal has been directed against the judgment passed by the District Forum, Siliguri on 11.9.2007, in its Case No. 41/S/2007, wherein the learned Forum below has allowed the complaint on contest in part against the OPs -1 -4 without cost and against the OPs -5 -8 with cost of Rs. 500. The learned Forum has directed that the Complainant is entitled to get an award in respect of Registered Sale Deed for the flat mentioned in the agreement for sale dated 14.11.2003. The OPs -5 -8 of M/s. Ganapati Developers were directed to recommend within seven days from the date of judgment to the OPs -1 -4 for execution of a Registered Sale Deed inrespect of the flat mentioned in the agreement for sale dated 14.11.2003. The OPs -1 -4 were directed to execute a sale deed in respect of the flat mentioned in the agreement for sale dated 14.11.2003 within two months from the date of the judgment even if there is no recommendation from the OP Nos.5 -8. The Complainant was directed to pay the balance consideration of Rs.25,000 to the OP Nos. 1 -4 at the time of registration if there is no recommendation from the OP Nos. 5 -8 and to bear the stamp duty. In case of default the Complainant would be at liberty to put the award in execution.

(2.) THE brief facts of the case of the Complainant before the Forum below were that the Complainant approached the Ganapati Developers for purchasing one flat in the 3rd floor of the Apartment. Ganapati Developers agreed to sell the same at a cost of Rs. 6,87,500 of which LICI Housing Finance Limited granted a loan of Rs. 4,00,000 and paid the said amount to the Ganapati Developers. After completion of construction the OP handed over the possession of the flat to the Complainant against receipt of consideration of Rs. 6,62,500. Ganapati Developers assured theComplainant that they would execute and register the flat after receipt of balance consideration money and the cost of registration. Thereafter the Complainant requested the Ganapati Developers number of times for taking balance consideration money and to execute a registered sale deed, but of no avail. Legal notice was served upon the Complainant, but the OPs did not pay any heed to the notice. Finding no other alternative the Complainant filed the complaint before the District Forum praying for direction upon the OPs to execute the sale deed in his favour and for such delay the Complainant has prayed for compensation and cost.

(3.) BEING dissatisfied with the above - mentioned judgment the Appellants have preferred the present appeal before this Commission contending that no where it has been agreed by the Appellants that they would execute any deed without finishing construction work of the building as per sanctioned plan and without obtaining completion report and occupancy certificate as per law and rules from Siliguri Municipal Corporation. It has been stated by the Appellants that there was nothing on record to prove that construction work has been completed and there was no expert's report on the said point. The learned Counsel for the Appellant has submitted in their memorandum of appeal that non -registration of the sale deed is not deficiency in service and the learned Forum cannot entertain such complaint nor award any relief directing the persons to execute registration. According to the Appellants the judgment passed by the District Forum is erroneous, illegal and liable to be set aside and they have prayed for allowing the present appeal.