In the Court of the Consumer Disputes Redressal Forum, Unit -I, Kolkata, 8B, Nelie Sengupta Sarani, Kolkata-700087. CDF/Unit-I/Case No. 228 / 2007 1) Sri Kishore Kumar Mishra, 8C, Harimohan Ghosh Road, Kolkata-700024. ---------- Complainant ---Verses--- 1) Sri Manik Das, 7, Mallick Lane, Kolkata-700025. ---------- Opposite Party Present : Sri S. K. Majumdar, President. Smt. Jhumki Saha, Member. Sri T.K. Bhattachatya, Member. Order No. 1 8 Dated 0 5 / 1 0 / 2 0 0 9 . Petitioner Sri Kishore Kr. Mishra has filed this consumer complaint against the o.p. praying for a direction upon the o.p. to complete the deal by executing and registering the deed of conveyance on the following back drop. Notice of the consumer complaint has been duly served upon the o.p. but hey did not appear to contest the consumer complaint. Thereby the consumer complaint is taken up for ex parte hearing. It is alleged by the petitioner that the agreement was executed on 03/07/2001, exbt-1, in between the petitioner and the o.p. who was holding the power of attorney on behalf of the owner of the land, carry on construction of flat and to sell the flat to intending purchaser. Said agreement, exbt-1, was for sell of one flat on the first floor of Tarini Apartment measuring about 410 sq.ft. more or less lying and situated on the first floor along with undivided impartable proportionate share of land underneath together with all common areas and facility attached with the said building standing on the premises no. J 268/2, Paharpur Road, P.S. Gardenreach, Kolkata-24 to the petitioner. The consideration money for the sell of the aforesaid flat was Rs.2,00,000/-. The petitioner has already paid the entire consideration money as per agreement and there was nothing due for performance on the part of the petitioner in terms of the agreement. Now it is obligatory on the part of the o.p. to register the formal deed of conveyance in favour of the petitioner but without any assigning reason o.p. no.1 avoided to do so in spite of service of notice. As a result, petitioner was suffering loss and has been compelled to file this consumer complaint for above relief. Petitioner also adduced his evidence by swearing affidavit affirming the statement made in the consumer complaint. The contention of the petitioner is unchallenged. O.p did not file any w/v denying or disputing the fact as disclosed by the petitioner in the consumer complaint. There is no material on record contrary to the statement made by the petitioner. Therefore, it is evident that in spite of payment of full consideration money in terms of the agreement, exbt-1, o.p. failed and neglected to executed the deed of conveyance in favour the petitioner. Thereby petitioner is entitled to relief as prayed for. The consumer complaint accordingly succeeds and it is awarded in the following terms. O.p. is directed to execute and register the deed of conveyance within three months from date, failing which o.p. will be liable to pay damages to the extend of Rs.50/- per day till completion of the execution and registration of the deed of conveyance. petitioner is directed to send the draft deed within fortnight from date to the o.p. and o.p. is directed to affirm the same within next fifteen days and execution and registration be completed within the aforesaid time. Cost of the registration be borne by the petitioner. Let copy of this order be supplied to the parties on receipt of prescribed fees. Sd- Sd- Sd- ____________ ____________ ____________ MEMBER MEMBER PRESIDENT | 
