Date of Filing : 07/11/2022
Date of Judgment : 27/06/2024
Mrs. Monihar Begum, Hon’ble Presiding Member
The complainant had made into an agreement for sale on 27.10.2006 with the opposite parties 1 & 2 (developer) for purchasing of residential unit measuring about 1100 sq.ft. at Premises No.1438, Mukundapur, 3rd floor, Kolkata 700099, North East side along with a Garage, under Ward No.109, Kolkata Municipal Corporation, P.S. Purba Jadavpur, District – South 24 Pgs. at a consideration of Rs.10,02,000/- (Ten lakhs two thousands ) only.
Complainant paid said consideration Rs.10,02,000/- (Ten lakhs two thousands) only in respect of the said flat to OP No. 1 & 2.
OPs never followed the terms and conditions of the agreement for sale even after receiving full consideration amount though they handed over the possession of the said residential unit after six years of receiving the full consideration amount i.e. on 14.08.2013 and thereby grossly violated the terms and conditions of Agreement for Sale.
Opposite Parties did not provide the sanctioned plan from K.M.C. of the said building, Completion Certificate, execute and register the deed of conveyance etc. which will be necessary for effecting mutation in his name.
Complainant repeatedly requested the Opposite Parties to execute the Deed of Conveyance in his favour, supply the Completion Certificate and Sanctioned Plan from KMC. But they did not comply. As the OPs failed to comply with the request of the complainant, this case was filed by him against the OPs.
OPs did not appear to contest the case, so it was heard exparte against them.
The only point for consideration is whether the complainant is entitled to his relief(s) in this case.
FINDINGS
We have gone through the petition of complaint, evidence and also the documents produced on behalf of the complainant. The agreement for sale entered into between the parties on 27.10.2006 produced by the complainant revealed that complainant had agreed to buy the schedule flat from the OPs at a consideration of Rs.10,02,000/- and also found from the agreement as well as the Money Receipts produced by the complainant that he already paid the said amount. In this case OP No. 3 is the owner of the land where the construction was made.
Complainant had further claimed that Deed of Conveyance, Completion Certificate and sanctioned plan from KMC.
So on consideration of materials on record we find the complainant is entitled to get relief as prayed for.
Accordingly it is
ORDERED
That the instant Case No.623 of 2022 stands allowed against the Opposite Parties.
Opposite Parties are directed to execute and register the deed of conveyance in favour of the complainant in accordance with the agreement dated 27.10.2006. OP No. 1 & 2 are also to provide completion certificate and sanctioned plan from KMC in respect of the schedule property to the complainant.
The cost of such execution and registration of deed of conveyance shall be borne by the complainant.
OP Nos. 1 & 2 are also directed to pay Rs. 50,000/- for compensation and Rs.8,000/- for litigation cost to the petitioner.
OPs are directed to comply with this order within a period of 45 days from the date of this order.
In default, the complainant shall be at liberty to proceed in accordance with law.
Directed and corrected by me
Member
