The complainant by filing this complaint has prayed for directing the op to execute the registered deed of sale in favour of the complainant in respect of Schedule Property as per Sale Agreement dated 05.08.2010 on receipt of balance Rs.43,000/- at the time of registration from the complainant. 

          It is the case of the complainant that complainant has paid Rs.6,50,000/- out of total consideration amount of Rs.6,93,000/- and thereafter possession was delivered to the complainant and possession certificate was also issued in favour of the complainant by the ops and since taking possession, complainant has been possessing the same the flat in dispute.

          But even after taking possession the complainant requested the ops to register the said flat in favour of the complainant after receiving the rest amount of the total consideration but op did not do so.  But ops claimed more money for registration of the said flat and also denied to execute a sale deed if their demanded extra amount shall not be paid.

          It is also alleged that after that op sent local unknown gundas and threaten the complainant to vacate the flat and the said muscle men of the ops also threaten the complainant to vacate the property otherwise forcefully he shall be evicted and in that situation the complainant filed one M.P. Case No.1130/2012 before the Ld. Executive Magistrate at Sealdah u/s. 144 Cr.P.C. and the said matter was intimated to Entally P.S.  In the above circumstances, for deficiency and negligent manner of service on the part of the ops (Developers and Landlords), the complainant was compelled to file this case for proper redressal and cause of action arose on and from 05.08.2010 and still continued for non-completion of the registration deed of sale in respect of the flat.

          On scrutiny of the record, it is found that the notices of this complaint was duly served upon the op nos. 1 & 2 and on 22.11.2012 which is evident from the internet result of the Postal Department.  Thereafter practically ops did not turn up and accordingly the case is heard exparte.

          No doubt complainant has filed his evidence in chief including all original documents to substantiate his claim and for proving and deficient and negligent manner on the part of the ops.

          In the above situation, we must have to rely upon the documents of the present claim of the complaintant.

                                    Decision with reasons

          On over all evaluation of the document as filed by the complainant including the story of the complaint as alleged, we have gathered that no doubt beyond any manner of doubt that on 05.08.2010 Agreement for Sale was executed in between the complainant and the ops and total amount consideration of the present disputed flat was fixed Rs.6,93,000/- and from possession certificate issued by Developer/op No.2, it is found that op no.2 received all most entire amount except Rs.43,000/- only and delivered possession.  From the money receipt, it is also proved that op no.2 issued that money receipt wherefrom it is found that op/Developer received entire amount except Rs.43,000/- and no doubt relying upon this document, it is clear that the Agreement for Sale dated 05.08.2010 is partly satisfied because complainant has got possession on payment of most of the part of total amount of Rs.6,93,000/-.  Further relying upon the documents issued by the op no.2 in favour of the complainant that is money receipt and possession certificate, it is clear that complainant got possession except payment of balance Rs.43,000/- and no doubt from the money receipt, it is proved that from complainant, op no.2 is entitled to Rs.43,000/-.  But considering the entire conduct of the ops, it is clear that ops are not willing to execute the deed of sale in respect of flat as described in the schedule of the said agreement.  From agreement, it is found that description of the disputed flat is “Piece and parcel of a self contained residential flat, on 1^st floor, East and South facing of 4 storied building measuring more or less, 330 sq. ft. super built area considering one bed room cum kitchen, one toilet and one balcony on the first floor of the proposed 4 storied building lying and situated at K.M.C. Premises No.50D, Pottery Road, Kolkata – 700015, P.S. Entally including all rights as described in the said Schedule”.

          Truth is that notices/summons were duly served upon the ops.  Ops got ample scope to contest the case and to defend the complainant’s allegations as made out in the complaint, but that had not been done by the ops.  Further, this case was filed practically on 18.07.2012 whereas the notices of this case were served upon the ops on 22.11.2012.  But even after that getting such chance to defend them, they did not contest.  It is fact that the allegation of the complainant that ops are claiming more money, otherwise they shall have not to execute the deed of sale is well proved.  At the same time, it is found that possession was delivered already in favour of the complainant in respect of flat after taking Rs.6,50,000/- in support of which receipts are within the record.  What simply proves that Developers and the owner are not willing to execute the deed as complainant refused to pay any further amount except the balance amount of Rs.43,000/-.

          Considering all the above circumstances and proper evaluations and assessment of the materials as submitted by the complainant, we are convinced to hold that complainant has been able to prove his case and allegation in respect of non execution of the deed of sale in favour of the complainant by the ops for which the complaint succeeds for negligent and deficient manner of service on the part of the ops what is well substantiated by the materials, documents and evidences of the complainant when ops have/had scope in their hands of the ops to challenge it but same is found unchallenged.

          According to it  the case succeeds.

          Hence, it is

                                                       ORDERED

          That the complaint be and the same is allowed exparte against the ops with cost of Rs.10,000/- which shall be paid by the op no.2 the Developer.

          Ops are directed to execute the sale deed in respect of the Schedule Property as per Agreement to Sale dated 05.08.2010 within 45 days from the date of this order and in this regard complainant shall have to prepare the deed by sending a notice to the ops and if ops fails to execute the deed of sale for any reason whatsoever, in that case ops shall have to pay penalty of Rs.50,000/- for adopting unfair trade practice and it shall be deposited to the Head A/C of State Consumer Welfare Fund.

          Further the complainant is entitled to get a sum of Rs.40,000/- as compensation for harassing the complainant in so many manner in executing the deed of sale as per Agreement for Sale dated 05.08.2010 and said amount shall be paid by the op no.2 within 45 days from the date of this order failing which the complainant shall have to pay interest @ 8% p.a. over the said amount till full satisfaction of the decree.

          If ops neglected to execute the sale deed finally in that case the complainant shall have his liberty to file an application before this Forum for registration of the said deed through this Forum as per law.

          Ops are directed to comply the order within the stipulated period failing which for non compliance of this order and also for disobeyance of this Forum’s order they shall be paid further penalty damages @ Rs.5,000/- per month till final satisfaction of this decree and if it is collected same shall be deposited to State Consumer Welfare Fund.

          For repeated disobeyance of Forum’s order against that this penal action u/s 27 of C.P. Act 1986 can easily be drawn for which they shall be liable.        

          Complainant to deposit balance amount of Rs.43,000/- + interest Rs.3,000/- to this Forum at first within 15 days from the date of this Order.