Date of filing: 21/09/2021                                                    

Date of Judgment: 02/11/2023

Mr. Sudip Niyogi, Hon’ble President.

                                                                    BRIEF FACTS

Complainants had entered into an agreement of sale on 28/01/2018 with the opposite parties for purchasing of a self-contained flat measuring about 630 sq. ft. at premises no. 225, Mahatma Gandhi Road, Kolkata 700 082, P. S. Haridevpur (formerly Thakurpukur) at a consideration of Rs. 11,00,000/-. Thereafter the possession of the said flat was handed over to them on 29/04/2018 on payment of the full consideration amount.

Opposite parties promised to supply completion certificate and execute and register the deed of conveyance in respect of that flat. Later, complainant paid Rs. 70,000/- to the OPs towards registration expenses of the flat. Complainant repeatedly requested the opposite parties for registration of the deed of conveyance but OPs did not paid any heed to that request. On 12/08/2021 complainant issued a letter through his advocate requesting the OPs again. At that time OP No. 1 by issuing a letter of reply through his advocate demanded an extra amount of Rs. 3,00,000/- and also denied having received Rs. 70,000/- for the purpose of registration. As the OPs failed to comply with the request of the complainants this case was filed by the complainant against the OPs for supply of completion certificate and execution of the documents etc.

Opposite parties did not appear to contest the case. So it was heard exparte against them.

The only point for consideration is whether the complainant is entitled to relief(s) in this case?

                                                                    FINDINGS

Complainant No. 1 files his evidence on affidavit and also several documents. We have gone through all these materials. The agreement for sale dated 28/01/2018 produced by the complainant revealed that complainant wanted to purchase the schedule flat at the building at a consideration of Rs. 11,00,000/-. Complainant also produced the money receipts showing payment made to OP No. 1 from time to time. Complainants are found to have given in his affidavit in chief in Para no. 7 the dates and the mode of payment including the amount paid by them to the OPs. According to him he paid Rs. 11,70,000/- to OP No. 1 who is the promoter. But the payments made on 16/03/2018 and 11/04/2018 in cash @ Rs. 10,000/- are found to be not supported by money receipts. Complainants have further claimed that OP delivered the possession of the schedule flat to them on 29/04/2018. So considering the evidence and the documents it is found that complainants have made out their case for which they are entitled to the relief(s) in this case in the form of a direction upon the opposite parties to execute and register a deed of conveyance in respect of the schedule flat in favour of the complainants, to supply completion certificate and also to pay litigation cost. However, the prayer for compensation is not entertained.

Accordingly it is

                                                      ORDERED

That the instant complaint CC/449/2021 stands allowed exparte against the opposite parties.

Opposite parties are directed to execute and register the deed of conveyance in respect of the schedule flat in favour of the complainants in accordance with the agreement dated 28/01/2018. The cost of such execution and registration of the deed of conveyance shall be borne by the complainants subject to adjustment of the amount that they have already paid to OP No. 1.

OP No. 1 is directed to supply completion certificate within 30 days on receipts thereof, if not already obtained from the concerned authority.

OP No. 1 also to pay Rs. 5,000/- towards cost of litigation to the complainant.

OPs are directed to comply with this order within a period of 45 days from the date of this order. In default complainant shall be at liberty to proceed in accordance with law.

Dictated and corrected by me

President