Date of Filing: 11/04/2023

Date of Judgement : 08/11/2023

Sri Sudip Niyogi, Hon’ble President

                                                                Brief Facts

Nirmalendu Dey, since deceased, who was the father of OP 1 during his lifetime had entered into a development agreement dt. 14/7/1999 with OP 2 for developing their premises at 23A/474 Diamond Harbour Road, P.S. New alipore (formerly P474 New Alipore, Block `K’) P.S. New Alipore, Kolkata 700 053 where one proposed G+4 storied building would be raised and accordingly he also executed one General Power of Attorney on the same date in favour of OP 3, who is one of the Directors of OP 2.  Subsequently, on 29/3/2004, the complainant entered into one agreement for sale with the OPs in order to buy one 966 sq.ft. flat more or less on the 2^nd floor as noted in the schedule to the complaint alongwith car parking space measuring 90sq.ft. on the ground floor etc. in the said building at a consideration of Rs.13,80,000/- only.  He paid earnest money Rs.80,000/-.  Subsequently, the complainant obtained bank loan from Hongkong & Shanghai Bank, Kolkata and paid the entire amount of consideration to OP 2 to 4.  He also paid Rs.10,000/- for electricity connection from CESC.  Thereafter, on 16/4/2004 delivery of possession of the said scheduled property was made to the complainant and since then he has been residing in the said premises.  But, the OPs did not issue any possession letter and completion certificate and also did not execute and register any deed of conveyance in his favour in respect of the said property, even on repeated requests.  So, complainant issued a legal notice dt. 17/1/2023 to the OPs through his lawyer in this regard, but without any result.  Ultimately, complainant filed this complaint before this commission and prayed for relief as mentioned in the petition of complaint.  OPs did not appear to contest the case by filing any written version.  So, it was heard exparte against them.  Complainant filed his evidence on affidavit and also copies of documents.

So, the point for determination is whether the complainant is entitled to any relief(s) in this case?

                                                               Findings

We have gone through the materials on record.  The agreement for sale dt. 29/3/2004 revealed that it was entered into between the complainant and the father of OP 1 and OP 2, the developer whereby complainant had agreed to buy the scheduled flat and car parking space at a consideration of Rs.13,80,000/-.  The documents also revealed that complainant already paid the entire consideration money to the developer.  It is further found that complainant got electricity connection to his said flat from the concerned authority.  Complainant also paid the tax to the Kolkata Municipal Corporation.  So, on the basis of that, it is found that the OPs are liable to execute and register the deed in respect of the said flat in favour of the complainant and also issue completion certificate  as OPs failed to do so, despite being requested by the complainant.

Therefore, it is

                                                  ORDERED

That this case is allowed exparte against the OPs.

The OPs are directed to execute and register deed of conveyance in respect of the scheduled flat in favour of the complainant.

OP 2 to 4 are also directed to supply completion certificate in respect of the scheduled property to the complainant.

OP 2 to 4 are directed to pay cost of litigation amounting to Rs.5,000/- to the complainant.

The aforesaid order shall be complied with by the OP within a period of 45 days, failing which, the complainant shall be at liberty to proceed in accordance with law.

Dictated and corrected by me

President