26.06.2015

MR. TARAPADA GANGOPADHYAY, HON’BLE MEMBER

            The instant Appeal u/s 15 of the Consumer Protection Act, 1986 has been filed by the OP No. 2/Landowner challenging the impugned judgment and order dated 9.1.2013 passed by the Ld. District Consumer Disputes Redressal Forum, South 24 Parganas in Complaint Case No. 187 of 2010, directing the OPs being the Respondent No. 2/Developer and the Appellant/Landowner to execute and register the Deed of Conveyance in favour of the Complainant/Respondent No. 1 as per Agreement for Sale in question within one month from the date of the order.  The OP No. 1 was also directed to pay to the Complainant/Respondent No. 1 Rs. 2,000/- as compensation and Rs. 8,000/- as litigation cost, failing which interest @ 10% p.a. shall accrue till the entire period of default.

          Brief facts of the case, which are relevant and pertinent for adjudication of the case, are that the Respondent No. 1/Complainant-Purchaser entered into an Agreement for Sale dated 13.11.2002 with the Respondent No. 2/OP No. 1-Developer for purchase of a flat of 820 sq. ft. super built-up area for a total consideration of Rs. 5,05,000/- and accordingly, the Respondent No. 1/Complainant paid to the Respondent No. 2/OP No. 1-Developer the entire consideration as per schedule of payment as averred in the Petition of Complaint.  Despite such payment of the consideration money in full and even after vigorous persuasion the Respondent No. 2/OP No. 1-Developer did not complete the execution and registration of the Deed of Conveyance in favour of the Respondent No. 1/Complainant allegedly in breach of contractual obligation emanated from the Agreement for Sale in question.  Thus, having got no redressal from the Respondent No. 2/OP No. 1-Developer the Respondent No. 1/Complainant moved the Ld. District Forum which passed the impugned judgment and order in the manner aforesaid.  Aggrieved by such order the OP No. 2/Landowner has approached this Commission.

          The Ld. Advocate for the Appellant/OP No. 2-Landowner submits that the Agreement for Sale in question was entered into with the Respondent No. 2/OP No. 1-Developer, but not with the Appellant/OP No. 2-Landowner and the payment of consideration was made to the Respondent No. 2/OP No. 1-Developer.  Hence, the Appellant/OP No. 2-Landowner has no contractual obligation to execute and register the Deed of Conveyance in question as demanded by the Respondent No. 1/Complainant.

          The Ld. Advocate further submits that the Respondent No. 2/OP No. 1-Developer having failed to construct the building in question after sanction of the plan from the KMC, the Development-Agreement and the Power of Attorney in favour of the Respondent No. 2/OP No. 1-Developer, which was executed on 25.2.2004, i.e. much after the Agreement for Sale in question, was cancelled on 8.4.2009 and that after such cancellation of Power of Attorney and the Development-Agreement in question the husband of the Appellant/OP No. 2-Landowner, since deceased in the meantime, himself constructed the building in question and hence, in the said building there was no a