- (1.) THIS appeal was filed against order dated 18.12.2008 passed by the District Consumer Disputes Redressal Forum at Siliguri in Consumer Case No. 28 of 2008 whereby the complaint was allowed ex parte against the O.Ps. with costs of Rs. 200 holding the complainant No. 2 to be entitled to get an ex parte award in respect of Deed of Conveyance deleting Clause 13 within two months from the date of the order from the O.Ps. and the O.Ps. were directed to execute Deed of Conveyance within two months from the date of the order and for supply of water and in case of default the complainant No. 2 was granted liberty to put the said award in execution.
(2.) THE case, in brief, as made out in the complaint is that the complainant No. 2 applied for allotment of a flat following an advertisement of OP1 in the newspaper. Along with the application the complainant No. 2 made initial payment of Rs. 5,000 whereupon the OP allotted Unit No. A -33 to the complainant. The value of the flat is Rs. 2,70,000. The complainant No. 2 obtained two banker's cheques from LIC Housing Finance Ltd. and made payment of the entire consideration. Possession of the flat was handed over to the complainant No. 2 on 17.1.2005. Thereafter the complainant No. 2 demanded registration of the sale deed. OP1 sent a draft sale deed for confirmation. The complainant No. 2 could not agree as he had objection as regards some terms and conditions imposed.
(3.) THE O.Ps. were served with a notice but they did not enter appearance before the District Forum. Uitimately the case was fixed for ex parte hearing on 22.9.2008 when the aforementioned order was passed by the District Forum. Heard Mr. B. Ghosh, the learned Advocate for the Appellant and Mr. P.D. Dalmia, the learned Advocate for the Respondent. The only contention advanced by the appellant is that the complainant after payment of entire consideration was delivered with possession of the flat allotted to him and when the Draft Deed of Conveyance was sent for approval, the complainant No. 2 raised objection as regards Clause 13 of the draft deed as the same proposed to impose restrictions on the exclusive right, title and interest of the owner even after purchase of the immovable property on payment of entrie consideration. It is argued the learned Advocate for the Appellant that the clause which has been objected to does not restrict any right of the owner of the property which may affect Section 10 of the Transfer of Property Act.;