SATYA DULAL DAS GUPTA Vs. AMITAVA BANERJEE

JUDGEMENT

(1.) This Revision Petition has been filed against the impugned Order dtd. 13/7/2017 passed by the Ld. State Consumer Disputes Redressal Commission, West Bengal in Appeal No. 696/2015, vide which the Appeal filed by the Petitioner was dismissed, and the Order of the Ld. District Forum was affirmed.

(2.) The factual background in brief, is that the Petitioner is the owner of a plot of land with an old two-storied building situated at Premises No. 23, Harey Krishna Sett Lane in North 24 Parganas, measuring about 2 Cottahs 15 Chittack 11 Sq. Ft. The Complainant had been a tenant of the entire ground floor of the building for a long time and regularly paid rent. On 15/4/2010, the Petitioner entered into a Development Agreement with Opposite Party Nos. 2, 3, and 4 for the development of the property after demolishing the old building. Additionally, the Petitioner executed a registered General Power of Attorney on 16/4/2010 in favor of the Developers. As part of the agreement, the Complainant was required to vacate the rented premises for demolition and construction purposes, and to issue a 'No Objection Certificate' as necessary. In exchange for the NOC, the Opposite Parties agreed to allot a complete flat measuring around 500 Sq. Ft. carpet area on the ground floor of the new building, free of cost, including any registration fees. An agreement to this effect was signed between the Complainant and the Opposite Parties on 22/12/2010. The Developers completed the construction and delivered possession of the flat to the Complainant on 20/6/2013. However, they failed to execute and register a Deed of Conveyance in favour of the Complainant despite repeated requests. The Complainant then sent a Legal Notice dtd. 28/2/2014 to the Opposite Parties, urging them to register the Deed of Conveyance promptly, but received no response. Aggrieved by his failure to obtain a registered Deed of Conveyance, the Complainant filed his Complaint before the Ld. District Forum, North 24 Parganas, Barasat.

(3.) The Ld. District Forum vide its Order dtd. 12/5/2015 allowed the Complaint and directed the Petitioner (and other Opposite Parties) to execute and register the Deed of Conveyance in respect of the concerned Flat, along with payment of Rs.10,000.00 as compensation and Rs.3,000.00 as litigation costs. The Petitioner filed Appeal before the Ld. State Commission, which vide the impugned Order dtd. 13/7/2017 dismissed the same, and upheld the Order of the Ld. District Forum. The relevant extracts of the impugned Order are set out as below