F.A. No. 71/2016. Case: Civil Registrar cum Sub-Registrar of Ponda and Ors. Vs Milind K. Tendulkar. Goa State State Consumer Disputes Redressal Commission
|Case Number:||F.A. No. 71/2016|
|Party Name:||Civil Registrar cum Sub-Registrar of Ponda and Ors. Vs Milind K. Tendulkar|
|Counsel:||For Appellant: Aran Naik, Lr. Counsel and For Respondents: B.P. Sardessai, Lr. Counsel|
|Judges:||U.V. Bakre, J. (President) and Jagdish Prabhudessai, Member|
|Issue:||Registration Act, 1908 - Section 3|
|Judgement Date:||January 04, 2017|
|Court:||Goa State State Consumer Disputes Redressal Commission|
U.V. Bakre, J. (President)
This appeal is filed against the order dated 30/09/2016 passed by the Consumer Disputes Redressal Forum, South Goa (The "Forum", for short), whereby the Complaint No. 21/2015 has been partly allowed and the Appellants (Opposite Parties) have been directed to register the sale deed of the Respondent (Complainant) within 30 days of the receipt of the order and also to pay a sum of Rs. 10,000/- to the Respondent (Complainant) and to deduct the said sum from the salary of the officer who is responsible for the negligence of illegally withholding the registration of the sale deed. Parties shall hereinafter be referred to as per their status in the said Complaint.
The Complainant had purchased a flat bearing No. 1-C in the building "Janaki Apartments" on the first floor of the building "B" in Sambhari Residency situated at Nageshnagar, Dhavli, Ponda-Goa and the deed of sale was presented on 21/06/2012 before the Opposite Party No. 1 (OP No. 1) for registration on payment of stamp duty and registration fees. The Complainant was issued a receipt and was informed to collect the sale deed duly registered after three months from the date of registration. According to the Complainant, he thereafter approached on numerous occasions and requested the OP No. 1 to hand over the original registered sale deed but the OP No. 1 did not register the sale deed saying that the entire project "Sambhari Residency" which includes the flat of the Complainant was under litigation and that interim stay was obtained by interested parties from the Administrative Tribunal. Contending that the OPs did not have right to withhold the sale deed of the Complainant and claiming that there is deficiency of service, the Complainant filed the said Complaint.
The OPs filed their written versions. The case of the OPs was that merely because the sale deed was presented for registration, it did not mean that the same was ordered for registration. The OPs alleged that the Chief Secretary of Government of Goa was not added as party and therefore the Complaint could not be entertained by the Forum. They further stated that the sale deed could not be registered on account of order dated 28/04/2008 passed by the Cooperative Tribunal, Goa Daman and Diu which restrained Shri. Netaji K. Sambary from disposing by sale or alienating or creating any charge of whatsoever nature of any of his movable or immovable properties. According to the OPs, Shri...
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