SUKANTA DAS Vs. NETAI CHANDRA DAS

JUDGEMENT

(1.) The petitioner entered into an agreement with the respondent/complainant for sale of a residential flat admeasuring 400 sq.ft. for a total consideration of Rs.4,60,000/-. Out of the aforesaid amount, a sum of Rs. 3,50,000/- have already been paid to the petitioner and the balance amount of Rs.1,10,000/- is still payable. For extra work if any, the complainant/respondent had to pay separately.

(2.) The respondent/complainant approached the concerned District Forum by way of a consumer complaint seeking possession of the flat purchased by him from the petitioner and for execution of the conveyance deed in respect of the said flat. The District Forum, vide its order dated 16.2.2015 directed the petitioner to deliver possession of the said flat and execute the conveyance deed on payment of Rs.1,10,000/-. The State Commission in an appeal filed by the petitioner, partly modified the said order by directing that for any extra work done by the petitioner, he shall be entitled to extra charges which shall be decided by the District Forum in an appropriate proceeding on being assessed by any authorised engineer appointed by the District Forum.

(3.) It is not in dispute that the petitioner had agreed to sell a flat for Rs.4,60,000/- and has already received a sum of Rs.3,50,000/- from him. Hence, there can be no resistance to the direction for delivery of possession and execution of the conveyance deed on receipt of Rs.1,10,000/-. Since the State Commission has upheld the right of the petitioner to receive extra charges for the commercial work if any executed by him, the petitioner can have no grievance against the impugned order. If extra work has been executed by him, he should approach the concerned District Forum for appointment of an authorised engineer to assess the value of the said extra work and on such assessment, the complainant / respondent shall be liable to pay the said amount.