Judgment : 10.7.2017

            This is a complaint made by Mrs. Ratna Guha, wife of Late Utpal Guha, residing at 4/36A, Haltu School Road, Flat No.2A, P.S.-Garfa, Kolkata-700 078 against M/s Desire Agro Resorts Development Private Limited, represented by its Managing Director, Sri Ashoke Bose, having office address at P-525, Raja Basanta Roy Road, P.S.-Lake, Kolkata-700 029, praying for execution of deed of conveyance in favour of the Complainant and compensation of Rs.1,00,000/-.

            Facts in brief are that OP is a developer and is engaged in business of land development. OP entered into a deed of agreement for selling, plot No.139, measuring 1440 sq.ft. at a consideration o f Rs.1,10,000/-, including development cost of Rs.44,000/-, out of this Rs.20,000/- was paid towards extra payment of corner plot and Rs.11,000/- as registration charges. Complainant paid Rs.1,10,000/- to the OP. OP had agreed that he will register the plot in favour of the Complainant. But despite several requests OP did not oblige the Complainant. So, Complainant filed this case.

            OP did not appear in this case after receiving the notice and so the case is heard ex-parte.

Decision with reasons

            Complainant has filed affidavit-in-chief wherein he has reiterated the facts mentioned in the complaint petition. One Xerox copy of the deed is filed, which reveals that it has not been signed by either of the parties in any page except the last page. Further, no witness has signed on this deed, even in the last page, when Complainant signed upon it.

            As a vendor one Sanjoy Kr. Shaw has signed. But, surprisingly, this complaint has been filed against Managing Director of Desire Agro Resorts Development Private Limited, Sri Ashoke Bose. Such document makes clear that there did not take place any binding agreement between Complainant and OP. Xerox copy of some money receipts have been filed, which appears also vague and ambiguous, because who has signed upon these receipts is not clear.

            Accordingly, we are of the view that Complainant failed to establish the allegation mentioned in the Complaint petition and so he is not entitled to any relief.

            Hence,

ordered

            CC/150/2017 and the same is dismissed ex-parte.