Consumer Court Versus Civil Court
By vice of an UNREGISTERED AGREEMENT FOR SALE the Ld Consumer Court in West Bengal passed an order directed the Promoter /Developer therein to EXECUTE AND REGISTER the Deed Of Sale in respect of the flat in question in favor of the Complainant/consumer alongwith a compensation of 40,000/- to the complainant failing which 12% interest shall carry for harassment and mental agony if not paid by 2 months from the date of order.
The aforementioned judgment and order passed in CC/162/2010 by the DCDRF Alipore, West Bengal on 30.03.2012 (www.confonet.nic.in).
Against the said impugned order the Promoter/Developer preferred an Appeal FA/194/2012, Wherein the Hon’ble State Commission. W.B. modified the impugned order dated 30.03.2012 vide order dated 12.12.2012 directing the Promoter developer to deliver possession of the flat in question and execute DEED OF CONVEYANCE UPON RECIVING THE balance amount Rs. 5,93,500/- from the complainant respondent within 45 days from the date of order; the Hon’ble State Commission further directed to pay 9% interest in lieu of 12% interest as directed by the District Forum.
In the Lower forum (DCDRF South 24 Parganas , Alipore) did not allow the Promoter/developer to file Written Objection since the Promoter/ developer unable to pay cost of Rs.10,000/-. So, the statements of the developer has not been recorded.
The fact is the complainant advanced a sum of Rs. 1,06,500 on 01.04.2009 for the flat in question out of 6,03,500/-. And the Agreement on Non Judicial Stamp of INR10/- it was an agreement by the developer/owner/promoter that the sale shall be completed by 12 months from the date of agreement 01.04.2009.
That on 09.07.2010, the flat in question being transferred to a third party by VIRTUE OF A REGISTERED DEED OF CONVEYANCE and in the Lower forum the said third party was not a party.
Upon receiving whisper the Third Party came to know the facts state above and initiated a suit for DECLARATION AND PERMANENT INJUNCTION against the Developer, Agreement Holder, WHEREIN upon Perusing the records supplied by the third Party the Civil Judge at Alipore passed an order directing the Parties therein Developer, Agreement Holder to maintain Status quo in respect of the suit property on 02,08.2014.
Now, in Execution case before the Ld District Forum the question arose whether the Civil Court having jurisdiction or not to Pass the Order to maintain STATUS QUO in respect of nature, character and status of the suit property as on date 02.09.2014 till ……..
Please comment.
ADVOCATE SANKAR MUKHOPADHYAY
