Date of Filing : 21/12/2022

Date of Judgement : 03/01/2024

Mrs. Monihar Begum, Hon’ble Member

                                                                      BRIEF FACTS

In the instant complaint, Opposite Party No.1 the sole proprietorship concerned represented by Shri Ashim Debnath as sole proprietor and Opposite Party No.2 being the land lord/owner of the property had entered into an agreement for sale dated 27/02/2018 with the complainants for sale of the two adjacent self contained flats on the first floor, being flat No.A1 & A2 admeasuring an area of 750sqft. and 800sqft. more  or less respectively, in the building lying and situated on the plot of land at Mouza, Podra, R.S. Dag No.311 corresponding to LR Dag No. 323, J.L. No.38 R S Khaitan No.428 corresponding to L.R. Khatian No.3240, P.S.–Sankrail, District– Howrah 711109 to the complainants, out of developer’s allocation at a total consideration price of Rs.20,15,000/-(twenty lakh fifteen thousand) against which the complainants have already made total payment of Rs.16,80,000/-(sixteen lakh eighty thousand) and also agreed that the balance sum of Rs.3,35,000/-(three lakhs thirty five thousands) would be paid to OP No.1 at the time of registration of the sale deed.

It was further agreed in terms of Clause No.3 of the said agreement that the OP No.1 would complete the construction in all manners and deliver possession thereof to the complainants and complete execution and registration of the sale deed within one year from the date of the said agreement.

Complainants’ repeated requests even by way of notice to OP1, possession of flats were not delivered nor deed of conveyance was executed and registered in their favour.

OP1 deliberately failed and neglected to deliver possession of the said completed flats in terms of the said agreement and also to execute and register the necessary sale of deed in this regard in respect of that flat in their favour.

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

                                                    POINTS FOR CONSIDERATION

Whether the complainants are entitled to get relief(s) as prayed for.

                                                                         FINDINGS

We have gone through the petition of complaint, evidence and also the documents produced on behalf of the complainants. 

Amongst the documents produced by the complainants, we find that the copy of the agreement dated 27/02/2018 entered into between the parties and firm concerned revealed that such an agreement as claimed by the complainant was made. It is also found that complainants paid Rs.16,80,000/- in total towards the consideration of the flats.

But unfortunately, the OPs failed to deliver possession of the flats and also execute and register the sale deed in favour of the complainants on receipt of the balance consideration within the stipulated period as agreed upon.

In such circumstances, we opined that complainants are entitled to the relief(s) as prayed for.

Accordingly it is

                                                 ORDERED

that the instant case CC No.704 of 2022 stands allowed ex party against the OPs.

OPs are directed to execute and register the deed of sale in favour of the complainants in respect of the schedule flats on receipt of the balance consideration in accordance with the agreement dated 27.02.2018 within 45 days from the date of this order.

OPs shall also deliver the possession of the said flats and also to supply the completion certificate or a copy thereof to the complainants within the aforesaid period.

Considering the facts and circumstances of the case OP1 is also directed to pay Rs.25,000/- to the complainants  towards compensation and cost of litigation

If the aforesaid orders are not complied as directed, complainants shall be at liberty to proceed in accordance with law.

Dictated and corrected by

          MEMBER