1. OP 1 to 5 were the developers and OP 6 to 9 were the land lords in so far as the land more than 5 Cottahs pertaining to LR Plot No. 4063 within Mouza – Jyangra under P.S. – Rajarhat, Kolkata – 700059 was and is concerned. There was a development agreement in between the OPs by virtue of which the aforesaid plot being No. 4063 was converted into a multi storied building named as “Sadhana Residency” consisting of flat, shop rooms etc.
2. The complainant with intent to run tea stall for his livelihood, wanted to purchase a shop room in the said multi storied building. Accordingly 60 Sq.ft. covered area in the ground floor bearing shop room being No. 3 was allotted in favour of the complainant on receipt of full payment. Possession letter was issued on 13.08.2005. But for some unknown reasons the OPs did not take any initiative for execution and registration of sale deed. This is why the complainant has filed this case on 16.07.2019 seeking direction to the OPs for execution and registration of sale deed, for compensation and for supply of occupancy certificate etc.

3. In spite of having received the OPs have not contested the case by filing written version, for the case has been heard exparte.

4. In support of his case the complainant has filed evidence in chief, BNA, copy of allotment letter, money receipt, copy of possession letter dated 13.08.2005 and legal notice dated 26.04.2019. It may not be out of place to mention here that all the documents filed by the complainant have gone unchallenged and the unchallenged documents and can very easily, as per rule of evidence, be relied upon. We have no option but to rely upon those documents to arrive at just decision in this case.

5. The money receipts coupled with allotment letter dated 22.10.2003 and possession letter dated 13.08.2005 go to show that after accepting a sum of Rs. 74,500/- the OPs issued allotment letter in favour of the complainant and put him in possession. We get it from the argument advanced by the Ld. Advocate of the complainant that since 13.08.2005 the complainant has been in possession of the suit shop room for earning his livelihood. We do not find anything from the record to hold a view that a sale deed in respect to the suit shop room was ever made. The OPs who sold the shop room to the complainant for proper consideration is undoubtedly under obligation to get the deed of sale in respect to the shop room executed and registered. It may not be denied that the complainant has sustained mental agony and harassment for want of legal documents in support of his shop room. Therefore, he should be compensated by the OPs. The amount of compensation may be assessed at Rs. 25,000/- keeping in view the volume and length of his suffering. Surely he will get litigation cost for running this case for years together and the litigation cost may be worked out at Rs. 10,00,000/-.

6. Hence, it is ordered, that :-

   The case be and the same is allowed exparte with costs. The OPs will execute and register a sale deed within period of 45 days hence and will also supply a occupancy certificate to the complainant during the aforesaid period, The complainant will also pay compensation of Rs. 30,000/- and litigation cost of Rs. 10,000/- totaling Rs. 40,000/- within 45 days hence, failing which the amount will accrue interest @ 14% per annum. The OPs will also supply a copy of occupancy certificate to the complainant within 45 days hence.

Let a plain copy be given to the parties free of cost as per CPR.

Dictated and corrected by 

[HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT