Date of Filing: 9.10.2020

Date of Judgment: 2.9.2022  

Mrs.  Sashi Kala Basu, Hon’ble  President

This complaint is filed by the complainant , Smt. Mina Das,  under section 12 of the C.P Act, 1986 against the Opposite Parties(referred to as O.Ps hereinafter) namely 1) M/s Chanchal Paul and  2) Smt. Aloka Mallick  alleging deficiency in service on their part.     

The case of the complainant in short is that O.P no.1 is the developer and the O.P no.2 in this case is the land owner in respect of the property described in the first schedule of the complaint. A Development Agreement was entered into between the O.P no.1 and O.P no.2 on 6.12.2010 for raising the multistoried building after sanction of the plan from the KMC. Complainant by an agreement for sale dated 20.8.2015 agreed to purchase a flat described in second schedule of the complaint from the O.P no.1 at a consideration price of Rs. 21,75,000/-. The complainant has paid the entire consideration amount but inspite of the same, the possession of the flat has nto been handed over to the complainant, nor the deed has been executed and registered in his favour. So, the present complaint has been filed by the complainant praying for directing the O.Ps to hand over the possession of the second schedule flat in favour of the complainant, to execute and register the deed of conveyance in favour of the complainant, to pay compensation of Rs.5 lac , to pay damage of Rs. 6,80,000/- , to pay Rs.1 Lac for increasing stamp duty and registration fee and Rs.50,000/- as litigation cost.

                On perusal of the record it appears that notice was sent to the O.Ps but inspite of service of notice no step was taken by the O.Ps. Thus, case was directed to be proceeded exparte .

                So, the only point requires determination is whether the complainant is entitled to the relief as prayed for.

Decision with reasons

                In support of her claim complainant has filed copy of the development agreement entered into between the opposite parties on 6.12.2010 and the agreement dated 20.8.2015 entered into between the O.Ps with the complainant, wherefrom it appears that the O.P no.2 being the owner was a consenting party. As per terms and conditions of the agreement O.P no.1 being the developer was to complete the construction within 18 months from the date of signing of the agreement and in failure to complete the same  , the developer was liable to pay the purchaser (complainant herein) Rs.20,000/-. The total sum  settled towards consideration price was Rs. 21,75,000/- and the Memo of consideration in the agreement itself shows that an amount of Rs.5 lac was paid on 21.7.2015 in cash and further sum of Rs.10, lac was paid on 20.8.2015. So, as per the Memo of consideration the total sum of Rs. 15 lac was already paid. The complainant has also filed money receipt which appears to have been issued by the O.P no.1 on receiving the balance sum of Rs.6,75,000/- .

                So, on consideration of the said Memo of consideration and the money receipt it is well established that total consideration price of Rs.21,75,000/- has already been paid by the complainant, especially when before this Commission there is absolutely no contrary materials to counter the said claim made by the complainant. Since, it has been claimed by the complainant that neither the possession has been delivered to him nor the deed has been executed, the complainant is entitled to the said relief of handing over possession by the O.P no.1 and for execution and registration of the deed by the O.ps in favour of the complainant as per agreement entered into between the parties. He is also entitled to the compensation as per the terms of the agreement that in failure to deliver the possession within the stipulated period, complainant would be entitled to the sum as settled therein. Moreover complainant now will have to bear the stamp duty and registration fee as per present market value in an increasing rate.  

Hence,

                ORDERED

That CC/236/2020 is allowed exparte.

O.P no.1 is directed to hand over the possession of the flat to the complainant as per  agreement dated 20.8.2015 and both the opposite parties shall execute and register the deed of conveyance in favour of the complainant in respect of the said flat as described in the agreement for sale dated 20.8.2015 within 3 months from this date.

O.P no.1 is further directed to pay compensation of Rs.68,000/-  within the aforesaid period of 3 months along with litigation cost of Rs. 12,000/- to the complainant.