EKKORI DAS Vs. SODIPTO CHATTERJEE

JUDGEMENT

(1.) This Appeal has been filed by the Appellant, Opposite Party No.1 before the State Commission in the original Complaint, challenging the order dtd. 15/1/2019 of the State Consumer Disputes Redressal Commission, West Bengal (for short "the State Commission") in Complaint No.145 of 2016 filed by the Complainants, Respondent No.1 and 2 herein. By the impugned order, the State Commission allowed the Complaint and directed the Opposite parties to execute and register the Deed of Conveyance on receipt of the balance consideration, if any, with the cost of such registration to be borne by the complainants. Legal Representatives of the Appellants are on record as Appellants No.1 to 6 - for convenience, all of them are collectively referred to as Appellant.

(2.) In brief, the facts of the case are that the late Appellant whose heirs are on record was the land owner of a plot of land measuring approximately 10 cottah 8 chhitak 22 sq. ft. at Mouza Bathgora within the limits of Bolpur Municipality, District Birbhum. Respondent No.3 was the Developer having a proprietorship firm carrying on its business from the address at 10 Paikpara Road, Tala, Kolkata - 700 037. The Appellant expressed his intention to construct one multistoried building over the land and accordingly approached Respondent No.3, entered into a Development Agreement dtd. 15/8/2010 for construction of a G+2 storied building and executed a registered Power of Attorney in favour of Respondent No.3. The Complainant intended to purchase one residential flat at Bolpur and approached the Respondent No.3/Developer in the year 2012 and entered into an Agreement for Sale dtd. 27/9/2012 with the Opposite Parties for purchasing one residential flat on the 1st floor (north west corner), measuring approximately 680 sq. ft. super built up area, together with proportionate share and interest of ownership in the land of the G + 2 storied building at holding no. 93, Simanta Pally of Bolpur Municipality along with right to use the common area and common facilities as available in the said building consisting of two bed rooms, kitchen, toilets along with garage of 120 sq. ft. in the front portion of the ground floor for a total consideration of Rs.7,25,000.00 for the flat and Rs.1,20,000.00 for the garage. Complainant No.1 paid total amount of Rs.9,67,000.00 on different dates to the Respondent No.3 Developer as per demand including Rs.1,22,000.00 towards additional work. Possession of the flat to the Complainant No.1 was delivered by Respondent No.3 Developer vide letter dtd. 2/4/2014 which was duly received. Complainant is currently residing in this flat.

(3.) Complainant No.2 entered into an Agreement for Sale dtd. 26/4/2013 with the Opposite Parties for purchasing one residential flat on the 1st floor, south eastern side, measuring about 482 sq. ft. super built up area consisting of one bed room, dining, kitchen, toilet and balcony along with the right to keep one motor cycle in the open car parking space for a total consideration of Rs.6,99,000.00, together with proportionate share of interest or ownership in the land at holding no.93, Simanta Pally, Bolpur along with the right to use the common areas and common facilities. Complainant No.2 further entered into an Agreement dtd. 4/7/2014 with the OPs for purchasing one residential flat consisting of three bed rooms, dining, kitchen, toilet and balcony for a total consideration of Rs.11,30,000.00 and the total consideration of two flats being Rs.18,29,000.00 in the ground floor, south east side, measuring about 950 sq. ft. super built up area with proportionate share or interest and ownership in land at 93, Simanta Pally, Bolpur with right to use common areas and common facilities. Complainant was issued two separate possession letters dtd. 10/8/2013 and 15/7/2014 for the 1st floor and ground floor flat in his favour for payment of Rs.15,30,000.00. Complainant states that he was ready and willing to pay the balance consideration of Rs.2,99,000.00 at the time of execution of the deed of conveyance by the OPs. The Complainant requested for execution of a deed of conveyance vide letter dtd. 29/9/2014 but the Appellant did not comply with the same and intimated vide letter dtd. 29/9/2014 that due to non-compliance of Development Agreement executed between the owner and the Developer, the Development Agreement had been cancelled. Respondent No.3 Developer instituted a Civil Suit against the owner before the Civil Court at Bolpur and the Appellant expressed his inability to execute and register the deed of conveyance in a pending litigation. Subsequently, Complainants sent a letter to the OPs on 23/2/2015 requesting for execution of the deed of conveyance which was not done. Hence, the present Appeal.