PRASANTA KUMAR DATTA vs PARTHA KUMAR MUKHERJEE

HEARD learned Lawyers of both sides.

THE first point which requires decision by the Commission is with regard to execution and registration of flats in favour of Smt. Srirupa Banerjee and Sarradwata Banerjee and Kamal Banerjee, heirs of Swasati Banerjee since deceased. THE learned Lawyer for the appellant submits that they have no objection in executing and registering the deed of conveyance. In view of the submission, the appellant is directed to execute and register deeds of conveyance in favour of the aforesaid persons at their cost within a period of one month from this date. The learned Lawyer for the appellant takes objection to the order of the Forum directing the appellant to complete the unfinished works listed in paragraph 8 of the complaint petition on the ground that it is not a speaking order. He submits that a Commission should be issued to ascertain which of the works remain unfinished and which have already been completed. The learned Lawyer for the respondent holds a different view. He submits that this would delay the matter resulting in hardship to the flat owners. According to him the unfinished works have been listed in paragraph 8 of the complaint petition and if the appellant finishes the job as ordered by the Forum there will be no occasion for the respondents to make any grievance in this regard. He submits that major works such as boundary wall, plastering of the outside walls, fixing of railings in the stair- case, etc. are required to be done to make the flats habitable and useful. The learned Lawyer for the appellant admits that some of the works are yet to be done. He, however, submits that there has been escalation of prices over the years and it would be difficult for the appellant to complete the job at this stage. We have considered the submission very carefully. We don't think that any Commission should be issued to ascertain the jobs which remain unfinished. It is gathered that it is within the knowledge of the parties and in fact the respondent has listed some of the works in paragraph 8 of the complainant petition. In this respect it may be mentioned that the terms of the agreement should really guide the parties and it should be honoured and respected. In our opinion in the matter of compliance of the order of the Forum the terms of the agreement would prevail. If some of the jobs are still unfinished as per the agreement the same is required to be completed, no matter whether there has been escalation of prices of building materials or not in that view of the matter we think that a direction should be issued to the appellant to complete the unfinished job as per the specification in the agreement within a period of six months from this date which we hereby do. With this observation the appeal is disposed of. Appeal disposed of.