District : South 24-Parganas.
Before the Hon’ble District Consumer
Disputes Redressal Forum, at Alipore, South 24-Parganas.
Complaint
Case no. _______of 2012.
In the matter of :-
Shri PRASENJIT BISWAS,
Son of Late Amiya Biswas, residing at Flat being no. 4, 2nd Floor,
Mouza – Amtala, Police Station – Bishnupur, District – South 24 Parganas. ______Complainant/
Applicant / Petitioner.
-
Versus
–
Shri NIKHIL KUMAR MANNA,
Son of Shri Nandalal Manna, residing at Ghosh Para, C/o. Mahadev Ghosh, Village
– Amtala, Police Station – Bishnupur, District – South 24 Parganas.
__________Respondent / Opposite Party.
EVIDENCE ON AFFIDAVIT BY THE COMPLAINANT / APPLICANT / PETITIONER SHRI
PRASENJIT BISWAS.
AFFIDAVIT
Affidavit of Shri Prasenjit Biswas,
Son of Late Amiya Biswas, aged about 42 years, by faith Hindu, by Occupation
Service, residing at Flat being no. 4, 2nd Floor, Mouza – Amtala,
Police Station – Bishnupur, District – South 24 Parganas.
I, the above deponent do hereby
solemnly affirm and declare as under :-
1 : That I am the petitioner in the
above case, thoroughly conversant with the facts and circumstances of the
present case and am competent to swear this affidavit.
2 : That I entered into an Agreement
for Sale Dated 2nd day of February’ 2009, with the Opposite Party, the
said agreement for sale is in respect of complete Flat at the Second floor
measuring about 695 Sq. ft. super built up area be the same more or less in the
said building consisting of two bed rooms, dinning space, one toilet, one
kitchen, and one balcony, along with undivided proportionate share of Land being
situated and lying at Mouza – Amtala, Land measuring about 3034 Sq. ft., J.L.
no. 73, Touzi no. 395, under Khatian no. 433, appertaining to C.S. Dag no. 721,
R.S. dag no. 14 and 17, Police Station – Bishnupur, District – South 24
Parganas, including common facilities and amenities relating to the said
building and also to the said flat together with all the passages, stair case,
water tank, septic tank, water reservoir, motor pump, and overhead tank, etc.
“A” { Xerox Copy of the Agreement for
3 : That the Opposite Party Shri
Nikhil Kumar Manna, is a Land Owner, of the Land measuring about 3034 Sq. ft.
situated and lying at Mouza – Amtala, J.L. no. 73, Touzi no. 395, under Khatian
no. 433, appertaining to C.S. Dag no. 721, R.S. Dag no. 14 and 17, under the
jurisdiction of Bishnupur Police Station, District 24 Parganas South, entered
into an Agreement for Development with Miss. Sraboni Aich Bhowmik, Sri Swapan
Kumar Banerjee and Sri Pradip Hazra, for construction and development of
Building over his said Land, vide the Development Agreement dated 3rd
day of August’ 2001, and whereas in accordance to the said Development
Agreement, the Opposite Party take the Second floor flats as an Owners
Allocation.
“B” { Xerox copy of the Development
Agreement dated 3rd day of August’ 2001, is enclosing herewith and
marked as Annexure – “ B” }
4 : That during constructional period
of the proposed building the opposite party, due to need of money proclaimed to
sale a self contained flat measuring more or less 695 Sq. ft. super built up
area, at the Second Floor, consisting of two bed rooms, dinning space, one
toilet, one kitchen and one balcony.
5 : That I came to learn about the
said proclamation, interested to purchase the said flat, and thereby approached
to the owner and offered a price of Rs. 5,56,000/- ( Rupees Five Lakhs and
fifty Six Thousand ) only, which the Opposite Party had accepted considering
the same as highest marketable price and agreed to sale the said flat at the
agreed consideration value of Rs. 5,56,000/- ( Rupees Five Lakhs and fifty Six
Thousand ) only.
6 : That it is pertinent to state
that prior to execution of the Agreement for Sale dated 2nd day of
February’ 2009, I have already paid a sum of Rs. 3,35,000/- ( Rupees Three
Lakhs and Thirty Five Thousand ) only, to the Opposite Party, on diverse dates
since 08-11-2002, and the same has been adjusted and confirmed in the said
Agreement for Sale dated 2nd day of February’ 2009, by and between
the parties of such agreement.
7 : That I further paid Rs.
1,50,000/- ( Rupees One Lakh and fifty thousand ) only, to the opposite party,
at the time and on the date of execution of the Agreement for Sale dated 2nd
day of February’ 2009, and whereas on receipt of such amount the opposite party
given the Letter of possession of the said flat on 2nd day of
February’ 2009, and handed over the physical possession of the said Flat to me,
which has also enumerated in the said Agreement for Sale dated 2nd
day of February’ 2009.
“C” { Xerox copy of the Letter of
Possession dated 2nd day of February’ 2009, is enclosing herewith
and marked as Annexure – “C” }
8 : That the balance amount of Rs.
71,000/- ( Rupees Seventy One Thousand ) only, to be paid by me to the Opposite
Party, within three ( 3 ) months, from the date of execution of the Agreement
for Sale dated 2nd day of February’ 2009, and on receipt of such
payment the opposite party shall registered the said flat in my favour. I
affirmed the said facts in form of Declaration dated 2-2-2009, which has been
countersigned by the Opposite Party.
“D” { Xerox copy of the Declaration dated
02-02-2009, is enclosing herewith and marked as Annexure – “D’ }
9 : That I under compliance of the
Agreement for Sale dated 2nd day of February’ 2009, paid Rs.
61,000/- ( Rupees Sixty One Thousand ) only, to the Opposite Party, towards the
payment of Balance amount of the consideration money, on 10-05-2009, against
the proper receipt issued by the opposite party, and whereas the opposite party clearly states
that the balance as Rs. 10,000/- ( Rupees Ten Thousand ) only payable at the
time of Registration, and whereas the said receipt consist the attestation of
three witnesses as 1) Shampa Manna, 2) Pradip Hazra, & 3) Mintu Banerjee.
“E” { Xerox copy of the said money
receipt dated 10-05-2009, is enclosing herewith and marked as Annexure – “E” }
10 : That I complied with the
covenant of the Agreement for
11 : That I on several occasions,
meet to the Opposite Party, and requested to cause endavour to execute and
register the Deed of Conveyance in respect of the said Flat to me, the Opposite
party, all along, taken and extended the time for registration on different
pretext, though did not execute and register the said Flat in my favour.
12 : That thereafter since I lost my
all hope, again contacted to the Opposite Parties on 27th day of
July’ 2012, for the execution of the Registration of Sale Deed in her favour,
the Opposite Parties refused and neglect to cause any registration of the said
Flat in my favour through the Deed of Sale at Registry Office, in any manner,
whatsoever.
13 : That the purported activities of
the Respondent / Opposite Party from the beginning of the agreement with me and
on and after providing money towards consideration of the Flats, the opposite
party motivated, and intentionally cause the breach since the date of
entrustment to him, as such the opposite party is not executing the
registration of the said Flat to me till date.
14 : That the purported activities of
the Opposite Party, which shows and established his deficiency in services in
providing and entering into the agreement for sale at some specific terms and
conditions though willfully and deliberately failed to carry out the same and /
or failed to provide the services as enumerated in the agreement for sale dated
2nd day of February’ 2009.
15 : That I state and submits that I
solely seeks to get the registration of Deed of Conveyance by the Respondent /
Opposite Party in my favour.
16 : That I state and submits that
the I am a victim of the purported acts and deficiency in services at the
instances of the opposite party and the acts of the opposite party as well as
the facts are well constitute the deficiency in services on the part of the
opposite party.
17 :
That I state and submits that the respondent / opposite party, shall also pay
the compensation due to me for the harassment, troubles, physical inconvenience
and mental agony arising directly out of the breach of the agreement and breach
of duty on the part of the respondent / opposite party. I assesses such loss
and damages at Rs. 2,00,000/- ( Rupees Two lakhs ) only.
18 : That
I states and submits that the purported activities of the respondent
established deficiency in services, which is contrary to the Law.
19 : That
I States and submits that from all of the statements made above, it is clear
that the opposite party is guilty of deficiency in service as meant in the
Consumer Protection Act.
20 : The
Cause of action for the present proceeding arose on 10-05-2009, due to non - execution
of registration of the flat, and thereafter adverse date and the same is
continuing at premises being Flat being no. 4, 2nd Floor, Mouza –
Amtala, Police Station – Bishnupur, District – South 24 Parganas, and the
respondent / opposite party is residing as given in the cause title of my
application of complaint, which is within the jurisdiction of the Hon’ble
Forum.
21 : That
the application / Petition, is within the jurisdiction of this Hon’ble District
Consumer Disputes Redressal Forum, at Alipore, South 24-Parganas.
22 : That
the present complaint is being filed within the period as prescribed under
section 24 A, of the Consumer Protection Act.
23 : I
therefore prayed for :
a) To direct the opposite party /
respondent to register the Deed of Conveyance / Deed of Sale in favour of your
petitioner in respect of complete Flat as Flat no. 4, at the Second floor
measuring about 695 Sq. ft. super built up area be the same more or less in the
said building consisting of two bed rooms, dinning space, one toilet, one
kitchen, and one balcony, along with undivided proportionate share of Land being
situated and lying at Mouza – Amtala, Land measuring about 3034 Sq. ft., J.L.
no. 73, Touzi no. 395, under Khatian no. 433, appertaining to C.S. Dag no. 721,
R.S. dag no. 14 and 17, Police Station – Bishnupur, District – South 24
Parganas, as enumerated in the Agreement for Sale dated 2nd day of
February’ 2009;
b) To direct the opposite parties to pay
compensation, as for the harassment, troubles, loss of business, physical
inconvenience and mental agony, suffered by the petitioner from the purported
activities and others by the opposite party as assessed as Rs. 2,00,000/- (
Rupees Two Lakhs ) only to your petitioner;
c) To grant the cost of the proceedings
;
d) To grant any other relief to the
applicant / petitioner as found out by your Honour, in the facts and
circumstances of the Complaint.
e) And to pass such other necessary
order or orders as your Honour , may deem fit and proper for the ends of
justice.
24 : That the facts contained in my
complaint / application under Section 12 of the Consumer Protection Act ‘ 1986,
the contents of which have not been repeated herein for the sake of brevity may
be read as an integral part of this affidavit and are true and correct to my
knowledge.
DEPONENT
Verification
I, the above named deponent do hereby
solemnly verify that the contents of my above affidavit are true and correct to
my knowledge, and no part of it is false and nothing material has been
concealed therein.
Verified this ………….the day of
…………….2012, at the Alipore, South 24-Parganas.
DEPONENT
Identified
by me,
Advocate.
Prepared in my Chamber,
Advocate.
Dated :……………2012.
Place : Alipore, South 24-Parganas.
N O T A R Y
NDEX
LIST
OF DOCUMENTS RELIED
UPON BY THE
PETITIONER
|
Sl. No. |
Documents / Papers |
Annexure |
Pages |
|
1 |
Agreement for Sale Dated 2nd
day of February’ 2009. |
A |
|
|
2 |
Development Agreement dated 3rd
day of August’ 2001. |
B |
|
|
3 |
Letter of Possession dated 2nd
day of February’ 2009. |
C |
|
|
4 |
Declaration dated 2nd
day of February’ 2009. |
D |
|
|
5 |
Money receipt issued by the
Opposite Party, dated 10-05-2009. |
E |
|
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