Date of Filing: 07.06.2019

Date of Judgment: 12.11.2021

Mrs.  Sashi Kala Basu,Hon’ble  President

This complaint is filed by the complainant , Sri Abhijit Roy,  under section 12 of the C.P Act, 1986 against the O.Ps namely 1) Himangshu Bimal Choudhury and 2) M/s Basu Build, represented by Mrs. Sudipa Basu, alleging deficiency in service on their part.

The case of the complainant, in short, is that O.P no.1 is the owner of the land and O.P no.2 is the developer. A Joint Venture Agreement was executed between them on 15.8.1988 for construction of a 5 storied building upon the land belonged to O.P no.1. Subsequently complainant by an agreement for sale dated 30.6.1990  agreed to purchase a flat as described in the schedule of the said agreement at a consideration of Rs. 2,40,250/-from the developer, O.P no.2. The entire consideration money has been paid by the complainant to the O.P and the possession of the flat has also been delivered to the complainant. But inspite of repeated requests to the O.Ps, the deed of conveyance has not been executed in favour of the complainant and thus the present complaint has been filed for directing the O.Ps to execute and register the deed of conveyance in respect of the flat as per agreement for sale dated 30.6.1990  and any other reliefs as deem fit.

The complainant has filed copy of the agreement and the notice sent by the complainant through his Ld. Advocate to the O.Ps.

On perusal of the record it appears that notices were sent to the O.Ps but since no step was taken by them , vide order dated 12.9.2019 the case was directed to be proceeded exparte against O.P no.2 and vide order dated 18.12.2019 the case was directed to be proceeded exparte against O.P no.1.

During the course of the evidence complainant has filed examination-in-chief in support of his claim.

So, the only point requires determination whether the complainant is entitled to the relief as prayed for.

 Decision with reasons

In support of his claim that he agreed to purchase a flat and has paid the total consideration , complainant has filed a copy of the agreement wherefrom it appears that O.P no.2 being the developer and the Constituted Attorney of the O.P no.1 had agreed to sell the flat as described in the schedule  to the complaint. According to the complainant he has paid the entire consideration and the possession of the flat has also been handed over to him. Since before this Commission there is absolutely no contrary materials to negate the claim of the complainant , complainant is entitled to the relief for execution and registration of the deed of conveyance.

Hence,

              Ordered

That CC/269/2019 is allowed exparte .

 O.Ps are directed to execute and register the deed of conveyance in respect of the flat as per agreement dated 30.6.1990 in favour of the complainant within  2 months from this date. They are further directed to pay litigation cost of Rs.10,000/- within the aforesaid period of 2 months.