Date of Filing : 20/06/2022

Date of Judgement : 22/08/2024

Smt Monihar Begum, Hon’ble President in Charge

Complainant had entered into an agreement for sale on 29.07.2019 with the OP No.1/Developer to buy a residential flat on the ground floor northern side of the building being flat No.A1,measuring about 380 sq.ft. together with undivided proportion share of the land ad common space at a consideration of Rs.10,00,000/- (Ten lacs) only out of the developer’s allocation payable as per terms and conditions as made in the agreement as described in the schedule to the petition of complaint. Accordingly, complainant made the entire payment of the consideration by way of different mode on different dates. 

After completion of the construction, the complainant got possession of her flat along with a letter of possession dated 05.10.2020 but no execution and registration of the deed of conveyance in respect of the said flat were done.  Complainant issued Demand Letter to the OP demanding registration of the deed of conveyance on 22.03.2022 and thereafter on several times she requested him to execute and register the deed of conveyance in respect of the said flat but to no effect.  The complainant who filed the instant complaint, through their constituted attorney, prayed for relief in the form of a direction upon the OPs to execute and register the deed of conveyance in her name in respect of the said flat and also to pay compensation and litigation cost. 

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

Now the point for consideration is whether the complainant is entitled to any relief(s) in this case.

FINDIGNS

In this case, on the prayer of the complainant, evidence and several documents were filed on her behalf in support of her claims. 

We have gone through all the materials on record. The agreement for sale dated 29.07.2019 produced by the complainant revealed that she wanted to purchase the scheduled flat at the building at a consideration of Rs.10,00,000/-. She had also produced money receipts showing payment of entire consideration made to OP from time to time.

Complainant had also further admitted that the OP delivered the possession of the schedule flat to her on 05.10.2020.  So considering the evidence and the documents it is found that complainant has made out her case for which she is entitled to the relief (s) in this case in the form of a direction upon the opposite parties to execute and register the deed of conveyance in respect of the schedule flat in favour of the complainant and also to pay litigation cost.

However, on consideration, the prayer for compensation is not entertained. 

Accordingly it is

ORDERED

That the instant complaint case stands allowed against the Opposite Parties.

OPs are directed to execute and register the deed of conveyance in respect of the schedule flat in favour of the complainant in accordance with the agreement dated 29.07.2019. The cost of such execution and registration of deed of conveyance shall be borne by the complainant. 

OP No.1 shall also to pay Rs.10,000/- towards cost of litigation to the complainant. 

The aforesaid order shall be complied within 45 days from the date of this order failing which the complainant shall be at liberty to take steps in accordance with law.

Directed and corrected by me

          Member