Order no. 9 dated 26.6.2015

Complainant is present. Today is fixed for exparte hearing.

             The case is heard and the record is taken up for passing order as follows .

            The case of the complainant in brief is that for the purpose of taking possession of a shop room as mentioned in schedule A of the petition of complaint on payment of consideration money of Rs.3,52,000/- out of which Rs.1,00,000/- was paid by the complainant. There is an agreement for sale dated 1.3.2014 made between the parties. But it is alleged that despite having lapse of three months as scheduled therein, the shop room was not delivered in favour of the complainant despite repeated request to the Op. Ultimately the complainant has come before us with a prayer for getting delivery of the shop room with compensation of Rs.1,00,000/- .

            OP no.1 did not finally contest the case even after submission of WV to the petition of complaint and as a result the case has been fixed for exparte disposal.

            Upon due consideration of the submission of ld. Advocate and perusal of the entire case supported by affidavit in chief and the agreement for sale dated 1.3.2014 in respect of the schedule shop room which was promised for delivery within three months thereof which is specifically laid down in clause 30 in the said agreement.

        From the allegation of the complainant it is clear before us that the OP is subjected to violation of his own commitment as expressed in the agreement for sale dated 1.3.2014. so we do not find any alternative but to allow the prayer made by the complainant in the m,pet6ition of complaint.

                                                            Hence ordered that

            The case be and the same is allowed exparte.

            The complainant I entitled to get delivery of vacant possession of the shop room measuring 160 sq.ft. with shutters in the ground floor of 284(183) SCM Road, within Ward no. 16 of Baidyabati Municipality .

            Accordingly the Op is hereby directed to make delivery of possession of the aforesaid shop room within three months from the date of communication of this order upon him subject to payment of rest consideration money from the end of the complainant in terms of the agreement dated 1.3.2014.

            The complainant do also get compensation of Rs.10,000/- and litigation cost of Rs.1000/- payable by the op within the said period.

            Let a copy of this order be made over to the parties free of cost.