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Complainant by filing this complainant has submitted that by virtue of a deed of conveyance dated 23.11.2007 complainants purchased a flat No.1B, measuring 1245 sq. ft. super built up area on the 1^st floor of Block-I, of premises No.21, at Baranashi Ghosh Street, P.S.-Girish Park, Kolkata-700007 with one covered car parking space on the ground floor and the same was registered in the office of Additional Registrar of Assurances-II, Kolkata, in Book No.I, CD Volume No.22, page from 6144 to 6158, being No.10832 for the year 2009 from the vendors and complainants are in peaceful use and occupation of the said flat.  But in fact by that deed total area of the deed was not executed as per Development Agreement dated 30.09.2002.  It is further submitted that as per Development Agreement Power of Attorney complainant entered into an agreement for sale on 04.06.2004 and in the said agreement for sale was executed by and between the complainants and their owners namely Hari Charan Chokhany, Mohanlal Chokhany, Basant Kumar Chokhany, Anil Kumar Chokhany, Ashok Kumar Chokhany, Vinod Kumar Chokhany, Kailash Pati Chokhany and the Developer.

          Fact remains Basant Kumar Chokhany had one share in the property in question.  But he died on 06.12.2006 after execution of the agrteement for sale dated 04.06.2004 leaving behind four daughters and one son namely 1) Joyshree Chokhany (op no.2), 2) Poonam Chokhany (op no.3), 3) Mrs Rajshree Chakraborty (Chokhany), 4) Madhushree Chokhany & 5) Ashish Chokhany as his heirs and legal representatives.  So, said 1/5^th shares were inserted by his legal heirs five in numbers.

          When complainant again and again perused the matter for registration of the deed to the op no.1, op no.1 ultimately executed the said sale deed dated 23.11.2007 but in the said deed heirs of Basant Kumar Chokhany did not appear and for which their shares could not be transferred.  So the complainant asked the op no.1 to execute the full and final deed in respect of that 1/5^th share when the 3 legal heirs of Basant Kumar Chokhany issued their constituted power of attorney executed a sale deed in respect of their balance 2.25 for undivided share and interest of Basant Kumar Chokhany in favour of the complainant on 26.02.2013.  But anyhow other 2 legal heirs of Basant Kumar Chokhany did not execute the said deed and for which complainant asked the op no.1 to complete the same but op no.1 expressed his inability in view of the fact that the said 2 legal heirs of Basant Kumar Chokhany did not carry with him for which he is unable to do and in the above circumstances, complainant is praying for directing the op no.1 and other 2 legal heirs of Basant Kumar Chokhany for execution for balance portion of the property as per agreement for sale dated 04.06.2004.

          In the present case summons were served upon all the ops and practically ultimately Joyshree Chokhany and Poonam Chokhany appeared and submitted a written statement stating that this case is not tenable in view of the fact.  The present case is not maintainable and complainant locus standi to file this case against them as there was no deficiency in service on the part of the op and further it was submitted that the entire case is false and they have also prayed some allegations against the power of attorney holder and it is their case and there is pending a civil suit.  So, it is not maintainable.  But ultimately they did not file their evidence in chief, so the case was closed finally.  But other ops did not appear or contest the case.

                                                Decision with reasons

          On proper consideration of the entire materials in the record, it is found that Basant Kumar Chokhany is a Director of the op company and fact remains that there was an agreement to sale in between the complainants and the owners of complainants, op and owners of the case premises and that agreement to sale was executed on 04.06.2004 and admitted fact is that in that agreement to sale one of the owners Basant Kumar Chokhany was a party as he had 1/5^th share in the property in question.  But it is undisputed fact is that Basant Kumar Chokhany died on 06.12.2006 leaving behind his legal heirs 4 daughters 1) Joyshree Chokhany, 2) Poonam Chokhany, 3)  Mrs Rajshree Chakraborty (Chokhany) & 4) Madhushree Chokhany and one son Ashish Chokhany and practically they created the trouble for executing the final deed of conveyance in favour of the complainant by the Developer and other land owners and for which as per demand of the complainant op no.1 arranged for execution of deed of sale in favour of the complainant which had been executed by the op no.1 and other 4 land owners on 23.11.2007 and subsequently after repeated requests to the land owners of the said Basant Kumar Chokhany, his 2 daughters and one son claimed more power.  But Vinod Kumar Gupta who executed 2.25 undivided share and interest of the said land owners of Basant Kumar Chokhany in favour of the complainant on 26.02.2013.  But anyhow other 2 land owners (2 daughters Joyshree Chokhany and Poonam Chokhany) did not execute it.  Though developer was ready to execute but no power of attorney was executed in favour of the developer by then and for which complainant appeared before this Forum for relief on the ground the developer failed to transfer the entire share of the flat and premises.

          After proper consideration of the written version of the op nos. 2 & 3 it is clear that they are not willing to execute because they have their some allegations against op no.1, the developer.  But anyhow after considering their obligation, it is clear that there is some dispute in between the developer and the said 2 daughters of Basant Kumar Chokhany.  But that is a matter to be decided themselves and for that reason the present complainants must not have to suffer because the present flat in question was alleged in favour of the developer and in respect of that flat the owners of their legal heirs for their own right case from return had already been made to the respective owners including since deceased of Basant Kumar Chokhany.

          It is principal of law that it is the duty of the developer who entered into an agreement with the intended purchasers must have to execute the final deed of conveyance and no doubt op no.1 completed the transfer of the said flat by getting power of attorney of 4 land owners and 3 heirs of 5 land owners of Basant Kumar Chokhany.  But anyhow 2 hires of Basant Kumar Chokhany that is present op no.2 & 3 did not execute any power of attorney for which op no.1 was unable to execute any deed of sale in favour of the complainant in respect of their portion or share and for which complainant has been suffering too much and no doubt as per agreement for sale dated 04.06.2004 it was the duty of the legal heirs of the Basant Kumar Chokhany to execute it, but they refused to do that for some unknown reasons between the op and the other ops.  But for that reason the purchasers shall not be used the flat and under any circumstances and another factor is that the present flat in respect of which the complaint has filed is in possession of the complainant along with one car parking place and in respect of the balance share 2 daughters had already been executed.  So, we are convinced to hold that for arrogant attitude of these 2 land owners-heirs of Basant Kumar Chokhany that is op nos. 2 & 3, op no.1 was unable to execute the sale deed in favour of the complainant for want of power of attorney executed by the op nos. 2 & 3 and in the light of the above findings we are convinced to hold that op nos. 2 & 3 including op no.1 are liable to execute the sale deed in respect of share portion of Joyshree Chokhany and Poonam Chokhany in respect of the case flat and complainant is entitled to get relief for getting a registered deed of sale in respect of the said property and in respect of share portion of Joyshree Chokhany and Poonam Chokhany from the ops.

          In the result, the complaint succeeds.

          Hence, it is

                                                       ORDERED

          That the complaint be and the same is allowed on contest without any cost against all the ops.

          All the ops are directed to execute the sale deed in respect of the share of Joyshree Chokhany and Poonam Chokhany within one month from the date of this order in respect of the said disputed flat failing which complainant shall have his liberty for execution and registration of the said deed of sale in respect of the share of Joyshree Chokhany and Poonam Chokahny through this Forum and on behalf of all the ops at his own cost.

          Op nos. 1 & 3 are hereby directed to comply this order very strictly failing which penal action shall be taken against them and even penalty can be imposed upon them.