10.02.2016.
SRI SAMARESH PRASAD CHOWDHURY, PRESIDING MEMBER.
The instant appeal under Section 15 of the Consumer Protection Act, 1986 (hereinafter referred to as “the Act”) is at the behest of the O.P. No. 2/landowner against the intending purchaser and promoter/developer to impeach the judgment and final order dated 31st July, 2012 pronounced by the Learned District Consumer Disputes Redressal Forum, North 24 Parganas (for short, Ld. District Forum) in Consumer Complaint No. 484/2012 whereby the consumer complaint initiated by the Complainant under Section 12 of the Act was allowed on contest against the O.Ps with a direction upon the O.Ps to execute and register the Deed of Conveyance in respect of shops in question within one month from the date with a further direction upon the Appellant to make payment of compensation of Rs.10,000/-.
The Respondent Nos. 1 & 2 herein being Complainants have filed the complaint alleging that on 28.09.2005 he has entered into an agreement with the promoter to purchase of two shop rooms lying and situated at “Asita Ranjan Abasan” at Napara under Post Office & Police Station – Barasat at an agreed amount of Rs.1,20,000/-. On the date of agreement the Complainants have paid a sum of Rs.50,000/- as earnest money or part consideration but due to increase of area of shop rooms, the Complainants paid a sum of Rs.1,30,000/- and possession of the flat was delivered on 06.04.2006. Subsequently on different dates on and from the date of execution of the deed of agreement till 26.10.2007 he has paid the part consideration aggregating Rs.4,06,000/-. In spite of payment of money and on request, the registration of the flat was not done for which the case was initiated. The O.P. No. 1/developer in his written version has contended that the Complainant has made full payment and took possession of the flat-in-question but as the landowner is not co-operating, the Deed of Conveyance could not be executed.
The O.P. No. 2/landowner by filing a written version has disputed the claim contending inter alia that he has entered into an agreement for development with the developer on 11.05.2005 and another agreement subsequently on 16.08.2005 but as the developer did not keep his words, he compelled to revoke the Power of Attorney by a registered deed of revocation on 06.11.2006 issuing all powers given to the developer on 16.08.2005 and publish public notice on 27.01.2006 in a leading Bengali daily newspaper published from Kolkata. According to O.P. No. 2, he has suffered at the hands of developer who since the very start has been duping him.
After assessing the evidence on record and having heard the Ld. Advocate for the respective parties, the Ld. District Forum by the impugned judgment allowed the consumer complaint as indicated hereinabove, which prompted the landowne
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