To,
The
Assessor Collector,
Tolly
Tax Department,
Kolkata
Municipal Corporation,
212,
Rash Behari Avenue,
Kolkata
– 700 019.
Date
: 16th May’ 2017
Regarding
: Objection on Mutation of a
Schedule Flat being ALL THAT one complete Flat No.”GB” in Ground Floor on North
East side measuring 700 sq.ft. super built up area more or less in the said
building along with undivided proportionate share of land of Premises
No.40/15/1, Manick Bandopadhyay Sarani formerly Moore Avenue, Police Station –
Regent Park, Kolkata – 700 040, District 24 Parganas.
Dear
Sir,
Please note that one Sakti Pada Dey,
introduced himself as inspector of your concern department, visited the
premises on 10th day of May’ 2017 , for inspection of premises of my
schedule Flat as referred herein above. I state him the entire facts and
therefore he advise and suggest me to put my written objection with you, in the
interest of proper adjudication in terms of the facts as well as in the terms
of the Law, thereof.
1. That Smt. Anjali Karmakar, Wife of Sri
Lakshman Karmakar, residing at premises being no. 55, Shanti Nagar Colony,
Police Station – Regent Park, Kolkata – 700 040, and Smt. Gita Chanda, Wife of
Sri Dilip Chanda, residing at premises being no. 40/15/1, Moore Avenue, Police
Station – Regent Park, Kolkata – 700 040, are the Land Owners, in respect of
the Schedule property being ALL THAT piece and parcel of 4 (four) Cottahs
10(ten) Chittacks and 4 (four) sq.ft. together with Kuncha Structure comprised
in Mouza – Shibpur, J.L. No.42, Khatian No.176, Dag No.244, Touji No.151,
within The Kolkata Municipal Corporation
Ward No.97, and known and numbered as Municipal Premises No.40/15/1, Manick
Bandopadhyay Sarani, now Moore Avenue, Police Station – Regent Park, Kolkata –
700 040, Sub Registry Office at Alipore, District South 24 Parganas, being
desirous to develop their schedule property entered into a Development
Agreement dated 24th day of July’2005, with M/s. SREE RAM BUILDERS,
a Proprietorship Firm, having it’s place of business at premises being no. 3/63
/ C, Regent Colony, Police Station Jadavpur, Kolkata – 700 040, represented by
it’s Proprietor Sri Ratan Banerjee, Son of Late Santosh Kumar Banerjee, and Sri
Ratan Banerjee, Son of Late Santosh Kumar Banerjee, residing at premises being
no. 3/63 / C, Regent Colony, Police
Station Jadavpur, Kolkata – 700 040, and consequently executed and granted a
General Power of Attorney dated 25th day of July’2005 registered
before the Registering Officer at Panpose, Rourkela, Orissa and recorded in
Book No. IV, Volume No.18, Pages 169 to 184, and Being No.440 for the year
2005, and therefore the developer Shri Ratan Banerjee, and as well as the
Constituted Attorney of the Land Owners hold the property.
2. That Since I
was in search of a dream flat, in my nearby and therefore M/s. SREE RAM
BUILDERS, a Proprietorship Firm, having it’s place of business at premises
being no. 3/63 / C, Regent Colony, Police Station Jadavpur, Kolkata – 700 040,
represented by it’s Proprietor Sri Ratan Banerjee, Son of Late Santosh Kumar
Banerjee, and Sri Ratan Banerjee, Son of Late Santosh Kumar Banerjee, residing
at premises being no. 3/63 / C, Regent
Colony, Police Station Jadavpur, Kolkata – 700 040, convince and allured me to
take one Flat being ALL THAT one complete Flat No.”A” on Ground Floor at North
East side measuring 500 sq. ft. super built up area more or less in the said
building along with undivided proportionate share of land of Premises
No.40/15/1, Manick Bandopadhyay Sarani formerly Moore Avenue, Police Station –
Regent Park, Kolkata – 700 040, District 24 Parganas, at consideration of Rs.
10,00,000/- ( Rupees Ten Lakhs ) only, from their Owner’s allocation and
whereas the Owners, committed to perused in terms of the Development Agreement
and also allured to deliver a good flat as committed by M/s. SREE RAM BUILDERS,
a Proprietorship Firm, having it’s place of business at premises being no. 3/63
/ C, Regent Colony, Police Station Jadavpur, Kolkata – 700 040, represented by
it’s Proprietor Sri Ratan Banerjee, Son of Late Santosh Kumar Banerjee, and Sri
Ratan Banerjee, Son of Late Santosh Kumar Banerjee, residing at premises being
no. 3/63 / C, Regent Colony, Police
Station Jadavpur, Kolkata – 700 040, herein.
3. That on being
allured by them, I, entered into an Agreement for Sale dated 2nd
December’ 2013, in respect of a Schedule Flat being ALL THAT one complete Flat
No.”GB” in Ground Floor on North East side measuring 700 sq.ft. super built up
area more or less in the said building along with undivided proportionate share
of land of Premises No.40/15/1, Manick Bandopadhyay Sarani formerly Moore
Avenue, Police Station – Regent Park, Kolkata – 700 040, District 24 Parganas,
on Consideration value of Rs. 10,00,000/- ( Rupees Ten Lakhs ) only.
4. That the
Agreement for Sale dated 2nd day of December’ 2013, contained the
following terms to be performed by and between the parties :
i)
TIME : The said flat shall be completed and
to be Developer within 24 (twenty four) months from the date of signing this
agreement. This is the essence of this
contract.
ii)
AND
WHEREAS by a Power of Attorney dated 25th day of July’2005
registered before the Registering Officer at Panpose, Rourkela, Orissa and
recorded in Book No. IV, Volume No.18, Pages 169 to 184, and Being No.440 for
the year 2005 said Owners namely (1) SMT. ALNJALI KARMAKAR AND (2) SMT. GITA
CHANDA jointly mentioned therein as Principals, the Principals therein
appointed SRI RATAN KUMAR BANERJEE son of Late Santosh Kumar Banerjee, residing
at 3/63/C, Regent Colony, Police Station – Jadavpur, Kolkata – 700 040, as
their attorney to Negotiate on terms for and to agree to and enter into and
conclude any Agreement for sale and to sell and / or transfer the Developer’s
allocation, save and except all that three self contained habitable flats out
of which (i) one flat No. GB in the Ground Floor measuring 500 sq.ft. built up
area be the same or little more or less, (ii) another Flat No.1B in the First
Floor measuring 500 sq.ft. built up area be the same or little more or less and
(iii) another Flat No.2B in the Second Floor measuring 500 sq.ft. built up area
be the same or little more or less with proportionate share of land
attributable to the said three flats at as premises No.40/15/1, Manick
Bandopadhyay Sarani, formerly Moore Avenue, Police Station - Regent park,
Kolkata-700 040 to any purchaser and to receive from the intending purchaser(s)
any earnest money and /or advance or advances and also the balance of purchase
money and to give good, valid receipt and discharge for the same which will
protect the purchaser(s) without seeing the application of the money and to do
all acts, deeds, matters and things as clearly cited therein.
iii)
AND WHEREAS the Owners herein subsequently
entered into one Supplementary Agreement dated 6th day of September’
2009, with the Developer herein, save and except all the terms and conditions
in the principle agreement, the Owners allocation has been changed as (i)
another Flat No.1B in the First Floor measuring 500 sq.ft. built up area be the
same or little more or less and (ii) another Flat No.2B in the Second Floor
measuring 500 sq.ft. built up area be the same or little more or less with
proportionate share of land attributable to the said three flats at as premises
No.40/15/1, Manick Bandopadhyay Sarani, formerly Moore Avenue, Police Station -
Regent park, Kolkata-700 040, and consideration money in lieu of one flat No.
GB in the Ground Floor measuring 500 sq.ft. built up area be the same or little
more or less, from the developer herein, and thus the Owners allocation thereby
revised and amended at the will and wish of the owners and thus the flat No. GB
in the Ground Floor measuring 500 sq.ft. built up area be the same or little
more or less, became the Developer’s allocation.
iv)
AND WHEREAS
the present Developer in the name of the present Owners obtained a
sanctioned building plan from The Kolkata Municipal Corporation vide their
building plan No.263/B-X1196-97 dated 24.06.1998 and applied for renewal with
modification for construction of a partly ground plus three and partly straight
three storied building at Premises No.40/15/1, Manick Bandopadhyay Sarani, formerly
Moore Avenue, Police Station – Regent Park, Kolkata – 700 040 District South 24
Parganas and constructed such building.
v)
AND
WHEREAS by the Principal Agreement dated 24th day of July’ 2005, it
was understood that the “Building” would be a partly ground plus three storied
and partly straight three storied building but subsequently the renewed
building plan is sanctioned for a construction of a ground plus three storied
building and as such the owner’s and developer’s allocation has been modified
by the subsequent supplementary agreement.
vi)
AND
WHEREAS the flat No. GB in the Ground Floor measuring 500 sq.ft. became 700 Sq.
ft. built up area be the same or little more or less, constructed at Premises
No. 40/15/1, Manick Bandyopadhyay Sarani, formerly Moore Avenue, Police Station
– Regent Park, Kolkata – 700040, and being part and parcel of the Developer
allocation.
vii)
AND
WHEREAS the purchaser herein is the intending purchaser desirous of purchasing
a Flat No. “GB” in the Ground floor on North East side measuring 700 sq.ft.
super build up are more or less in the said building as mentioned in the SECOND
SCHEDULE hereunder written with
proportionate share of land Share of land hereinafter referred to as “the said
FLAT” in the building to be constructed
by the Developer at the said Premises
No.40/15/1, Manick Bandopadhyay Sarani, formerly Moore Avenue, Police Station –
Regent Park, Kolkata – 700 040 District South 24 Parganas.
viii)
Consideration
for undivided land attributable to the said complete Flat No.”GB” in the Ground
Floor on North East side measuring 700 sq.ft.
Super built up area more or less along aggregating along with total cost
of construction the said Flat is Rs.10,00,000/- (Rupees Ten Lakhs) only as
described in the Second Schedule hereinabove written payable by the Purchaser
to the Developer in the manner below :-
At the time of Signature - Rs.1,00,000/-
Within a year - Rs.3,00,000/-
Within a next year - Rs.4,00,000/-
At the time of possession - Rs.2,00,000/-
Total Rs.10,00,000/-
5. That I, paid
the total consideration money being value of the said Flat in terms of the
Agreement for Sale dated 2nd day of December’ 2013, in the following
manners :
a)
02-12-2013
– Rs. 1,00,000/-
b)
10-04-2014
– Rs. 50,000/-
c)
11-06-2014
– Rs. 50,000/-
d)
08-07-2014
– Rs. 20,000/-
e)
17-07-2014
– Rs. 30,000/-
f)
07-08-2014
– Rs. 20,000/-
g)
27-08-2014
– RS. 20,000/-
h)
08-09-2014
– Rs. 10,000/-
i)
10-11-2014
– Rs. 60,000/-
j)
17-12-2014
– Rs. 40,000/-
k)
24-04-2015
– Rs. 80,000/-
l)
19-06-2015
– Rs. 50,000/-
m) 17-07-2015 –
Rs. 80,000/-
n)
23-09-2015
– Rs. 50,000/-
o)
18-12-2015
– Rs. 60,000/-
p)
29-12-2015
– Rs. 80,000/-
q)
17-02-2016
– Rs. 50,000/-
r)
18-03-2016
– Rs. 50,000/-
s)
16-05-2016
– Rs. 50,000/-
t)
09-06-2016
– Rs. 50,000/-
Therefore the
total Rs. 10,00,000/- ( Rupees Ten Lakhs ) only has been paid by me to them.
6. That the
Complainant beg to states that the Owners, cause the delivery of physical
possession to me, as on 15th day of June’ 2016, vide Letter of
Possession dated 15-06-2016, and therefore since then such date as on
15-06-2016, I, have been in actual physical possession and enjoying the same
without any interruption and intervention of anyone whosoever, at the premises.
7. That I, off
and on, cause all necessary endavour for the execution and registration of Deed
of Conveyance but all and on every occasion failed at the behest of the Owners,
they did not act and perform to execute the deed of conveyance in my favor.
8. That at last I,
wrote a letter to the Owners, with a request for the execution and registration
of the deed of conveyance in respect of the subjected flat, in terms of the
Agreement for Sale dated 2nd day of December’ 2013, vide letter
dated 9th day of November’ 2016, which has been received and
acknowledged by them though did not heed to my request and therefore I, am
still awaiting to get my flat registered in my favour by way of Deed of
Conveyance.
9. That
thereafter I preferred one Consumer Complaint before the Hon’ble Consumer
Disputes Redressal Forum, Kolkata Unit – III, ( Kolkata South ), at Alipore,
Kolkata – 700 027, against the Owners and the Developer, which has been
registered as Consumer Complaint case being no. CC/64/2017, and is pending for
adjudication. It is pertinent to states that the Owners and the Developer on
due receipt of the notices appeared in the consumer proceeding and submitted
their written version.
10.
That
in view of such facts, while the disputes relates to my flats, is subjudice
before the Hon’ble Consumer Disputes Redressal Forum, Kolkata Unit – III,
Alipore, Kolkata, vide CC/64/2017, I am requesting you to cause necessary steps
in terms of the facts and in the law, to grant any mutation to any one,
whosoever, in respect of my schedule flat as Flat being ALL THAT one complete
Flat No.”GB” in Ground Floor on North East side measuring 700 sq.ft. super
built up area more or less in the said building along with undivided
proportionate share of land of Premises No.40/15/1, Manick Bandopadhyay Sarani
formerly Moore Avenue, Police Station – Regent Park, Kolkata – 700 040,
District 24 Parganas, and or otherwise I will highly prejudice and suffer with
irreparable loss and injury.
Kindly do the
needful and oblige.
Thanking you,
Yours’
faithfully,
Sri Biswajit
Banerjee,
Son of Late
Santosh Kumar Banerjee,
3/63 B, Regent
Colony,
Kolkata – 700
040,
Post Office –
Regent Park,
Police Station
Jadavpur.
Enclosing :
a) Agreement for Sale
dated 2nd day of December’ 2013;
b) Money receipts;
c) Letter of
Possession dated 15th day of June’ 2016;
d) Letter of
Complainant dated 09-11-2016
e) Development
Agreement ;
f) Supplementary
Agreement;
g) Printout of case
history.
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