The instant complaint case is filed by one Sri Tapan Kumar Gayen and Smt. Khama Gayen against M/s Pyramid Estates and four others, praying for a direction upon the OPs to complete the execution and registration of the Deed of Conveyance and for payment of compensation and litigation cost to the tune of Rs. 1,00,000/- and Rs. 50,000/-, respectively, and another sum of Rs. 50,000/- towards escalation of stamp duty and registration fee.

Facts, in brief, are that Complainants entered into an Agreement for Sale with the Developer and land owners, i.e., OP Nos. 2 to 5 on 28-04-2013 for purchasing a car parking space, measuring about 95 sq. ft. on the ground floor of Premises No. 77, N.S. Road, P.S. Parnasree, Kolkata – 700 034 at a consideration amount of Rs. 3,50,000/-.  It is further stated that the Developer and land owners agreed and assured to deliver vacant possession of the car parking space within 3 months from the date of payment of full and final consideration amount.  It is stated that the OPs have already delivered vacant possession of the car parking space in August, 2014, however, despite repeated requests, failed to execute and register the Deed of Conveyance.  It is alleged that one of the partners of OP No. 1, Mr. Tufan Chatterjee is claiming a sum of Rs. 60,000/- to complete execution and registration of the car parking space.  It is claimed that the Complainants have already paid a sum of Rs. 22,000/- for preparation of the draft of Deed of Conveyance and purchase of stamp paper.  As repeated follow ups, both verbal as well as written communiqués, including legal notices, did not yield positive result, finding no other alternative, Complainants moved this petition of complaint.

On the basis of above facts, the case was admitted and notices duly served upon all the OPs.  However, none of them has appeared before this Forum to articulate their side of averments.  Accordingly, the case was heard ex parte.

Point to be considered in this case is whether the Complainants are entitled to the reliefs as prayed for.

Decision with reasons

In support of their case, Complainants filed photocopies of Agreement for Sale dated 28-04-2013, 3 nos. money receipts showing payment of Rs. 3,50,000/-, copy of letter dated 14-09-2015 addressed to the partners of OP No. 1 developer, legal notices served upon the OP No. 1.  Complainants also filed Affidavit-in-Chief reiterating the facts stated in the petition of complaint.

It appears from the photocopy of Agreement for Sale on record dated 28-04-2013 that the same was signed in between the Complainants and partners of OP No. 1 developer, i.e., Sri Tufan Chatterjee and Sri Rangan Dhar.  Significantly, the landowners did not put their signatures anywhere in the concerned Agreement for Sale.  In terms of the said Agreement for Sale, total consideration money of the car parking space was fixed at Rs. 3,50,000/- and it appears from the photocopies of money receipts filed from the side of the Complainants that the entire consideration money has already been paid by the Complainants.  It is also stated by the Complainants that they have already got physical possession of the car parking space.  From the photocopy of letter dated 04-12-2015, issued by one of the partners of the OP No. 1 developer, i.e., Sri Rangan Dhar that his client is willing to execute and register the car parking space in favour of the Complainants.  However, it is alleged that the other partner of the said partnership firm is creating some problems in the affairs of smooth running of the said partnership firm leading to the present impasse. 

In this regard, we are of considered view that as one of the signatories of the undisputed/unchallenged Agreement for Sale dated 28-04-2013, it is the bounden duty of Sri Tufan Chatterjee to facilitate execution and registration of the Deed of Conveyance in favour of the Complainants and there is no other way round, more so, when Complainants have discharged their obligations by paying the entire consideration money as agreed upon in between them.  In case there remain any internal disputes in between the partners of the OP No. 1 partnership firm, under any circumstances, that cannot be a stumbling block to throw a spanner into the matter of execution and registration of the Deed of Conveyance by both the partners, i.e., Sri Rangan Dhar and Sri Tufan Chatterjee in favour of the Complainants. 

It is alleged in the petition of complaint that said Sri Tufan Chatterjee is claiming another sum of Rs. 60,000/- from the Complainants to put his signature on the dotted line of the Deed of Conveyance.  Insofar as the Agreement for Sale does not contain any such provision to demand excess amount for one reason or the other from the buyers, such alleged demand has got no legal footing and if at all any such demand has been made from his side, he is debarred from raising such illegal demands.

No doubt, that by reneging on their commitments, whatever be the reason, partners of the OP No. 1 developer have put the Complainant under considerable strain and mental agony for which we deem it appropriate to award a reasonable compensation and litigation cost in favour of the Complainants.

Hence,

O R D E R E D

that CC/158/2016 be and the same is allowed ex parte in part against the OP No. 1 and dismissed ex parte against OP Nos. 2 to 5.  OP No. 1 is directed to execute and register the car parking space in question in favour of the Complainants within a period of two months hence and pay a sum of Rs. 10,000/- as compensation and another sum of Rs. 5,000/- as litigation cost within the aforesaid stipulated time frame.