| First Appeal No. A/296/2019 | | ( Date of Filing : 26 Mar 2019 ) | | (Arisen out of Order Dated 31/01/2019 in Case No. Complaint Case No. CC/552/2016 of District North 24 Parganas) |
| | | | 1. Sri Ranjan Sengupta & Others | | S/o Lt. Dhirendra Lal Sengupta, Holding no. 118, Bireshpally(N), P.O. - Madhyamgram, P.S.- Madhyamgram, Dist. North 24 Pgs., Kolkata -700 129. | | 2. Sri Arpan Sengupta | | S/o Lt. Dhirendra Lal Sengupta, Holding no. 118, Bireshpally(N), P.O. - Madhyamgram, P.S.- Madhyamgram, Dist. North 24 Pgs., Kolkata -700 129. | | 3. Sri Chandan Sengupta | | S/o Lt. Dhirendra Lal Sengupta, Holding no. 118, Bireshpally(N), P.O. - Madhyamgram, P.S.- Madhyamgram, Dist. North 24 Pgs., Kolkata -700 129. | | 4. Smt. Shukla Sengupta | | D/o Lt. Dhirendra Lal Sengupta, Holding no. 118, Bireshpally(N), P.O. - Madhyamgram, P.S.- Madhyamgram, Dist. North 24 Pgs., Kolkata -700 129. |
| ...........Appellant(s) | |
| Versus | | 1. Sri Subrata Banerjee & Another | | S/o Lt. Kalipada Banerjee, presently at Bhorer Alo Aprt., Flat no. 4D, 4th Floor, 118, Bireshpally(N), P.O. - Madhyamgram, P.S.- Madhyamgram, Dist. North 24 Pgs., Kolkata -700 129. | | 2. Sri Shyamal Dutta | | S/o Lt. Ranjan Nath Dutta, South Bankimpally, P.O. & P.S. - Madhyamgram, Dist. North 24 Pgs., Kolkata -700 129. |
| ...........Respondent(s) |
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| Final Order / Judgement | HON’BLE MR.JUSTICE ISHAN CHANDRA DAS,PRESIDENT
This Appeal has been directed against the Judgement and order dated 31.1.2019 passed by erstwhile ld. D.C.D.R.F. , 24-Parganas (N) at Barasat in C.C. 552 of 2016 where ld. Forum concerned while disposing of the said Complaint case allowed it on contest without cost , directed the complainant to pay the balance consideration to the OP No.1 (Developer) within 15 days from the date of the order and directed the OP NO.1 to execute and register the Deed of conveyance in favour of the complainant in respect of the flat in question as per Agreement for sale within 30 days from the date of receipt of the balance consideration and the other OPs were directed to extend cooperation for registration of the Deed of conveyance with default clause. The complainant was further directed to bear the cost of registration etc.
The OP No. 3 to 6 of C.C. 552 of 2016 being aggrieved by such Judgement and Order preferred this Appeal.
The complainant of C.C. 552 of 2016 ( hereinafter referred to as the Respondent no.1) filed the Complaint case against the OPs , the OP No.1 being the Developer and the other OPs , being the land owners, claiming reliefs as referred to in the earlier part of the judgement which was allowed by ld. D.C.D.R.F. The case of the complainant the respondent no.1 was that he entered into an agreement for purchasing a flat being Flat no. 4D, measuring 812 sq.ft. super built up area together with proportionate share of the land beneath the said multi storied building for a consideration of Rs.13,80,400/- (Rupees thirteen lac eighty thousand four hundred) , paid a sum of Rs.1 lac (Rupees one lakh) as earnest money and the balance was due . The respondent no.1 claimed that he was always ready and willing to pay the balance consideration of Rs.12,80,400/- (Rupees twelve lakh eighty thousand four hundred) but the oP NO.1, i.e. respondent no.2 herein, deliberately neglected to execute and register the Deed of conveyance in favour of the respondent no.1 and prompted him to take legal action against the said Developer.
Ld. Counsel appearing for the Appellant in course of hearing drew our attention to the relevant portion of the impugned judgement and the copy of the agreement entered into between the Respondents no.1 and 2 and tried to impress that the appellant herein being the land owner
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