GREEN VIEW CONSTRUCTIONS Vs. PURNIMA DAS

JUDGEMENT

(1.) This first appeal arises out of the order of the State Consumer Disputes Redressal Commission, West Bengal, whereby the State Commission allowed the complaint. Feeling aggrieved by the order of the State Commission the opposite parties have come in appeal to us. The facts in brief which lead the complainant to approach the State Commission are as under :

(2.) The complainants, allottees of the flats to be constructed by the opposite parties, builder, paid the full amount under the contract to the opposite parties which payment was duly acknowledged by the opposite parties. As per the contract the flats were to be constructed within a specified time, i.e. by March, 1995. The complainants allege that till the date of filing of the complaint before the State Commission, in spite of all possible efforts, no steps were taken by the opposite parties to register the flats in their favour. This has lead the complainant to approach the State Commission for relief.

(3.) The complainants allege that after the execution of the agreement for sale and even after receipt of the full consideration money the opposite parties proceeded with the construction at a snail pace and failed to complete the construction within the stipulated/anticipated period in the agreement and after lapse of 11 to 14 months specified in the agreement possession letters were issued only to complainant Nos. 1 to 8 and 13 and no steps had been taken for completion of sale by execution and registration of the sale deeds in respect of the seven flats of the complainants. The complainants allege that out of the total number of 18 flats, sale in respect of none of the flats including that of the complainants have been completed by execution and registration of the sale deed in terms of the agreement for sale as a result of which the complainants have faced huge monitory loss and undue harassment for which the opposite parties are liable. The complainants also state that the registration of the flats cannot be kept in abeyance for an indefinite period in spite of compliance of their parts of covenants in the agreement for sale. The complainants further alleged that the flats were to be constructed by March, 1995 and the sale deed was to be executed and registered by the same time. For the reasons stated above, alleging deficiency in service on the part of the opposite parties, the complainants approached the State Commission claiming compensation of Rs. 14 lakhs, costs to the tune of Rs. 30,000/- and interest at 21% from March, 1995 over the amount of Rs. 15,47,000/- which comes to Rs. 4 lakhs. The complainants also prayed that direction may be given to the opposite parties to complete the construction in the seven flats and issue letters of possession in favour of the complainant Nos. 9 to 12, a direction to be given to the opposite parties to conclude and complete the sale of flat Nos. 2B, 1D, 2A, 3D, 1A, 1C and 4D of the housing complex situated at Dag Nos. 85 and 86 and that the opposite parties may be directed not to interfere with the possession of the complainants over their in respect to flats being the flat Nos. 2B, 1D, 2A, 3D, 1A, 1C and 4D of the said housing complex. One of the defences against execution and registration of the conveyance deeds was that the State Government had vide its Notification No. 3044/FT dated 4.12.1996 had forbidden registration of the flats in the area. That notification was withdrawn by a further notification of the State of West Bengal respectively adopting vide Notification No. 511-HI/NTP/1P-1/2000 (Pt. 6) dated 21st May, 2001. Therefore, there was no impediment thereof to the execution and registration of the sale deeds. It was in the light of this and all other factors that the State Commission passed its order directing the opposite party to execute and register the conveyance deed within one week. The appellant has only reiterated all those points which have been elaborately dealt with. No new point has been urged before us, nor has the appellant been able to show as to how the impugned order suffers from infirmity. The State Commission upon hearing both the parties went into a great detail of the matter and directed the opposite parties to execute and register the deed of conveyance in respect of all the complainants within a period of one month from the date of the order of the State Commission and disposed of the complaint.