ASHIS KUMAR SARKAR Vs. UTTAM KARMAKAR

JUDGEMENT

(1.) This First Appeal, under Sec. 19 of the Consumer Protection Act, 1986 (hereinafter referred to as the Act), has been filed by one Ashis Kumar Sarkar, Opposite Party No.1 in the Complaint under the Act, against the Order dtd. 9/4/2018, passed by the West Bengal State Consumer Disputes Redressal Commission at Kolkata (hereinafter referred to as the State Commission) in Complaint Case No. 423 of 2016, whereby the State Commission, while allowing the Complaint on contest against Opposite Party No.2/Respondent No.3 herein and ex-parte against Opposite Party No.1/Appellant herein, directed both the Opposite Parties to jointly and severally execute and register the Deed of Conveyance in respect of Flat mentioned in the Schedule of the Complaint in favour of the Complainants/Respondents No.1 and 2 herein within 60 days from the date of the Order and to pay compensation of Rs.10,000.00 and costs of litigation of Rs.5,000.00 within 30 days from the date of the Order, failing which the same shall carry interest @ 8% per annum from the date of the Order till realization.

(2.) Briefly stated, the facts leading to the filing of the First Appeal are that the Complainants/Respondents No. 1 and 2 herein had entered into an Agreement dtd. 21/1/2008 with M/s Aartee Constructions, of whom Opposite Parties No. 1 and 2, the Appellant herein and Respondent No.3 herein respectively, were Partners, to purchase a Flat in the building to be developed by the said Opposite Parties at 10/1A, Turf Road, P.S. Kalighat, Kolkata. The Opposite Parties had already entered into a Development Agreement with the Owners of the aforesaid premises for constructing/developing a multi-storied building on the said premises. However, subsequently, the Opposite Parties purchased the said premises from the Owners and, therefore, cancelled the aforesaid Agreement dtd. 21/1/2008 and entered into another Agreement for Sale dtd. 17/5/2010 with the Complainants/Respondents No. 1 and 2 herein for a Flat on East portion of the third floor of the proposed building, measuring 1200 sq. ft., for a total consideration of Rs.23,10,000.00. The amount already paid to the Opposite Parties was adjusted in the Agreement dtd. 17/5/2010. After completion of construction of the building and payment of full consideration amount by the Complainants/Respondents No. 1 and 2, possession of the Flat was handed over to the Complainants/Respondents No. 1 and 2 on or about 5/10/2014. The Opposite Parties requested the Complainants/Respondents No. 1 and 2 to hand over the original Agreement for mutation of their name in Kolkata Municipal Corporation and the Complainants/Respondents No. 1 and 2 handed over the same to the Opposite Parties. Thereafter, the Complainants/Respondents No. 1 and 2 requested the Opposite Parties to execute/register the Deed of Conveyance in their favour but they did not pay any heed to their request.

(3.) On 10/8/2016, the Complainants/Respondents No. 1 and 2 issued a legal notice to the Opposite Parties. While the legal notice sent to Opposite Party No.1/Appellant was received back with the postal remarks "not claimed", Opposite Party No.2/Respondent No.3 received the same and replied that he was ready and willing to execute and register the Deed of Conveyance but due to inaction of Opposite Party No.1/Appellant the same could not be executed and registered.