This complaint is filed  by the complainant under Section 12 of the C.P Act, 1986 alleging deficiency in service as well as unfair trade practice against the developer as the developer did not execute the Deed of Conveyance in respect of the garage space measuring about 388 Sq. Ft. super built up area on the ground floor, North East side in favour of the complainant after accepting the balance consideration amount till filing of this complaint.

The brief fact of the case of the complainant is that he with an intension to purchase one garage had entered into an agreement for sale with the Ops on 20.04.2014. The total consideration amount of the said garage was settled at Rs. 8,53,600/-. The complainant had already paid a sum of Rs. 7,50,000/- by two cheques. It was agreed by and between the parties that the balance consideration amount shall be paid at the time of registration of the Deed of Conveyance and the Ops shall execute the Deed of conveyance in favour of the complainant. On several times the complainant had verbally requested the Op 8 to 10 to accept the balance consideration money and registration of the Deed of conveyance in his favour, but they did not pay any heed to his request. On 10.03.2017 the complainant made a written representation to the Op 8 to 10 requesting to accept the balance consideration amount and registration. Though the said Ops have duly received the aforesaid letter, failed to take any positive step to register the garage space in favour of the complainant till date. According to the complainant until and unless the Ops will execute and registered the Deed of Conveyance in his favour after accepting the balance amount the complainant has been suffering an irreparable loss and injury. As the Ops did not take any step for redressal of grievance of the complainant finding no other alternative the complainant had approached before this Ld. Forum (Commission as amended) praying for direction upon  the Ops to register the Deed of Conveyance of the aforesaid garage measuring about 388 Sq. Ft. super built up area, on the ground floor, North-East side in his favour after accepting the balance consideration amount, to pay Rs. 1,00,000/- towards compensation and litigation cost to him.

After admission of this complaint notices were issued upon the Ops through speed post with A/D. Date was given on 15.09.2017 for S/R and appearance. On 15.09.2017 the Op 7 to 10 have appeared by filing Vokalatnama and prayed time for filing WV. No track report was filed by the complainant in respect of the Op 1 to 6. Date was fixed on 30.10.2017 for filing WV by the Ops and track report by the complainant. On 30.10.2017 Op 7 to 10 have filed WV. Complainant filed track report of Op 1 to 6. From the report of the Op 1 it was revealed that the Op 1 had expired. The  complainant was directed to take necessary steps. The track report in connection with the Op 2, 3 and 5 revealed that intimation was served, hence being completed the service was completed in respect of Op 2, 3 and 5, but on the said date the said Ops were not present. Since receipt of the notices as the statutory period had expired, hence the Ld. Forum (Commission as amended) was pleased to pass an order that the complaint will run ex parte against the Op 2, 3 and 5. The complainant was directed to take necessary step in respect of the Op 1, 4 and 6. At the stage of evidence this record has been transferred from the Ld. DCDRF, Barasat to this Ld. Commission in view of the Order passed by the Hon’ble SCDRC. After receipt of this record the complainant was directed to adduced evidence but the Ld. Counsel for the complainant by filing an application stated that as the complaint is filed supported by affidavit, the same can be treated as his evidence. Upon perusing the application  we have allowed the prayer of the complainant adopting the petition of complaint as his evidence on affidavit. The contesting Op by filing a petition stated that no questionnaire will be filed on their end and the WV filed by them can be treated as their evidence. After allowing the prayer of the Op we have adopted the WV filed by the contesting Ops as their evidence. The complainant has adduced evidence on affidavit.

The Op 7 to 10 have filed WV to contest the complaint jointly stating that they are always ready to execute and register the Deed of Conveyance of the garage in favour of the complainant. It is also stated in the WV that before registration the complainant is under the obligation to pay the balance amount towards the consideration money.

We have carefully perused the petition of complaint and other related documents as available in the record, WV filed by the Op 7 to 10 and heard argument at length advanced by the Ld. Counsel for the complainant and the contesting Ops. It is seen by us from the running page 30 of the complaint petition that admittedly the complainant had entered into an agreement for sale with the Developers for purchasing one garage from them and the total consideration of the said garage was scheduled at Rs. 8,53,600/-. The agreement for sale dated 20.04.2014 is clearly reveled that on the date of agreement the complainant paid Rs. 7.50.000/- to the Developers and it was settled by and between the seller and purchaser that the balance amount of Rs. 1,03,600/- shall be paid at the time of registration of the garage. Since then the Developer did not take any positive step to register the garage in favour of the complainant after receipt of the balance amount. It is argued by the Ld. Counsel for the complainant that the garage space is under his custody and he is enjoying the same since possession. The only allegation of the complainant is that the developers did not bother to take any step for registration of the garage space till filing of the complaint.

During argument the Developer has submitted that they are ready and willing to execute and register the Deed of Conveyance in respect of the garage space in favour of the complainant.  The complainant has also sought for direction from this Ld. Commission to that effect. After hearing the said submission we are of the view that as the complainant has paid a hefty amount for the garage space, got possession and enjoying the same, the complainant is very much entitled to get it executed and registered in his favour after making the balance amount to the Developers.

Be it mentioned that before execution of the sale deed in respect of the garage the complainant shall pay the balance amount of Rs. 1,03,600/- to the Developers. The Developers shall take necessary steps to that effect immediately after receipt of the amount.

Going by the foregoing discussion hence it is ordered that RBT/CC/322/2020 is hereby allowed on contest against the Op 7 to 10 and ex parte against the rest Ops.

The Developers are strictly directed to register and execute the Deed of Conveyance in respect of the garage in favour of the complainant in terms of the agreement for sale within 45 days from the date of passing of this Judgment after receipt of the balance amount for Rs. 1,03,600/- from the complainant.

The complainant is directed to pay the balance amount as aforementioned to the Developers before registration of the sale deed. In case of failure on the part of the Developers the complainant will be at liberty to make an application before this Ld. Commission for execution and registration of the sale deed of the garage space in his favour through the machinery of this Ld. Commission in accordance with Law.

The complainant is also at liberty to put the decree in execution as per Law in case of failure on the part of the Developers. There is no order as to cost.

Let plain copy be given to the parties free of cost, as per CPR.

Dictated and corrected by

[HON'BLE MRS. Silpi Majumder]
                MEMBER