Date of filing: 02/01/2018                                        

Date of Judgment: 26/09/2023

Mr. Sudip Niyogi, Hon’ble President.

                                                                   BRIEF FACTS

This complaint is against the opposite parties seeking several reliefs as stated in the petition by the complainants. According to complainants they had entered into an agreement for sale on 04/05/2008 with OP No. 1 represented through his attorney Gopal Dey i.e. OP No. 8 for buying one flat measuring 500 sq. ft. together with undivided share of land etc. on the first floor of the municipal premises no. 57/A, Khanpur, Sahid Nagar Colony within P.S. Jadavpur, Kolkata – 700 047 for a consideration of Rs. 3,70,000/-. They paid the entire consideration by making payment at different times. OP No. 1 & 8 also handedover the possession of the said flat to them on 25/10/2009 with a promise to register the same soon. But after delivery of possession the opposite parties did not execute and register the deed of conveyance as agreed upon and also did not deliver any completion certificate despite repeated request. They also issued a notice through their Advocate for the deed of conveyance but they paid no heed to their request although OP Nos. 2 to 7 expressed through their Advocate about their readiness to register the deed. Thereafter the complainants filed this complaint praying for execution and registration of the deed of conveyance in respect of their said flat Completion certificate, compensation etc.

OP No. 1 filed one written version denying the material contention and allegation of the complainants. He denied having made any agreement for sale with the complainants and also his signature appearing thereon. He also denied having appointed OP No. 8 as his contested attorney.

OP Nos. 2 to 7 in their written version claimed that the complainants failed to make timely payment of consideration and the deed of conveyance may be made in favour of the complainants by OP Nos. 1 & 8.

OP No. 8 did not appear to contest the case.

Now point of consideration is whether the complainants are entitled to relief(s) in this case?

                                                                 FINDINGS

Complainants and OP Nos. 2 to 7 filed their evidence. However no evidence was filed on behalf of OP No. 1. Interrogatories and replies were also exchanged between the complainants and OP Nos. 2 to 7. OP No. 1 also got the replies of his questionnaire from the complainants. Written argument was also filed on behalf of the complainants.

Having perused the entire materials on record including the document we find that an agreement for sale was entered into between the complainants and OP Nos. 1 & 8 as the said document which is a unregistered one bears the signature of complainant’s No. 1 and OP Nos. 1 & 8. It transpires that one development agreement had been made between OP No. 1 and one Gouranga Kundu who was the  predecessor of OP Nos. 2 to 7 for developing the said premises in question for which one general power of attorney was also executed in favour of OP No. 1.

It is further found that the complainants were given possession of their flat pending execution of deed of conveyance in their favour. Be it noted here that though OP No. 1 challenged the agreement for sale and denied his signature as appearing thereon. But he did not file evidence and took any initiative to prove his allegation. This apart the written version filed by him revealed that he had been away from the station for a long period and giving permission to OP No. 8 to look after his allocation in his absence. We also find OP No. 2 to 7 also claimed that negotiation were there between the complainants and OP Nos. 1 & 8 for purchase of the 1^st floor residential flat. They also claimed that possession of the said flat was also delivered to the complainants by the said OPs.

Thus having considered the materials on record and in view of our discussion as made above we opined that the complainants are entitled to a deed of conveyance in their favour in respect of their flat and also a completion certificate thereof. They are also entitled to a cost of Rs. 5,000/- towards the cost of litigation. However, we are not inclined to pass any order in respect of the other prayers including arrear municipal taxes etc.

Therefore it is,

                                                        ORDERED

That the instant case being no. CC/3/2018 is allowed against OP Nos. 1 to 7 on contest and exparte against OP No. 8.

OPs are directed to execute and register the deed of conveyance in respect of the flat as stated in the petition of the complaint in favour of the complainants.

OP Nos. 1 & 8 are also directed to pay cost of litigation of Rs. 5,000/- to the complainant.

OP Nos. 1 & 8 are also directed to supply the completion certification on obtaining the same authority to the complainant.

The aforesaid order shall be complied within 45 days from the date of this order failing which complainants shall be at liberty to proceed in accordance with the Law.

Dictated and corrected by me

President