Order No.  47  dt.  04/05/2017

        The case of the complainant in brief is that the complainants entered into an agreement with the o.p. no. 1 for purchasing a flat on the 2^nd floor measuring about 804 sqft. comprising of 2 bedrooms, 1 drawing cum dining room, 1 kitchen, 2 bathrooms etc. at price of Rs. 6,60,000/-. The complainant paid the consideration price as per the terms of the said agreement of sale. In spite of receiving the entire consideration money by the o.p. 1 the complainant further requested the o.p. 1(a) to execute and register the Deed of Conveyance and to issue completion certificate. But the o.p.s did not pay any heed. The complainant thereafter sent a Lawyer’s notice requesting the o.p.s to execute the Deed of Sale, but no action was taken on their part. Being frustrated to get the Deed Register in favour of the complainants, they have to file this case praying for direction upon the o.p.s to execute and register the Deed of Conveyance by the substitute legal heirs of o.p. 2 since deceased being o.p. no. 2.(a) to 2.(e).

        The o.p.s did not contest the case as such the case proceeded ex-parte.

        The Ld. Lawyer for the complainants in order to substantiate the claim filed the agreement for sale as well as the money receipts wherefrom it is evident that the complainants paid the amount to the o.p. 1 being the developer of the said land in question who had also entered into an agreement with the original owner of the land of the said plot of land being o.p. 2 since deceased. The complainants in their petition of complaint specifically stated that though they were given possession by the o.p.s but Deed of Conveyance has not been executed for which the complainants are suffering. In view of such fact the Ld. Lawyer for the complainant emphasized that the necessary direction be given upon the legal heirs of the o.p. 2 since deceased to execute the Deed of Sale in favour of the complainants.

        On perusal of the materials on record we find that the original owner of the said plot of land upon which the property was developed by o.p.1 and after the expiry of the original owner her legal heirs were substituted. In view of such background of the case and since the complainants were provided with the possession of the flat in question and due to non-execution of the Deed of Conveyance the complainants were facing acute problem. Accordingly the complainants will be entitled to get the relief as prayed for.

        Hence it is ordered,

        That the case no. CC/71/2011 is allowed ex-parte against the o.p. nos. 1, 1(a), 1(b), 1(c) with cost and is allowed exparte against o.ps 2(a) to 2(e). The o.ps. 1, 1(a), 1(b), 1(c)  and 2.(a) to 2.(e) are jointly and / or severally directed to execute the Deed of Conveyance in favour of the complainants within one month from this day. The o.p.s 1, 1(a), 1(b) and 1(c) are jointly and severally are directed to pay the cost of Rs. 10,000/- within the said period failing which the complainants will be entitled to get interest @10% p.a. till the realization of the said amount.

        Certified copy of this order be supplied to the parties free of cost.