This case is filed by one Smt. Jaya Majumdar against M/s S. B. Enterprise and two others, praying for a direction upon the OPs to handover/deliver vacant possession of schedule flat and for a compensation of Rs. 2,00,000/-.
Briefly narrated, case of the Complainant, is that, she entered into an Agreement for Sale with the OPs on 14-03-2015 in order to purchase a 400 sq. ft. flat situated at Premises No. 62E/170A, Raja Subodh Chandra Mullick Road, Postal Premises No. being C/159, Bapujinagar, P.O. Regent Estate, P.S. Jadavpur, Kolkata – 700 092 at a total consideration amount of Rs. 7,00,000/-. It is further stated that on the date of executing the said agreement itself, the Complainant made an advance of Rs. 1,00,000/- and thereafter paid further sum of Rs. 3,00,000/-. Further case of the Complainant is that, inadvertently the premises no. was wrongly typed in the Agreement for Sale as C/259, Bapujinagar, P.O. Regent Estate, P.S. Jadavpur, Kolkata – 700 092 instead of C/159, Bapujinagar, P.O. Regent Estate, P.S. Jadavpur, Kolkata – 700 092. The OPs though promised to handover/deliver vacant possession of the schedule mentioned flat to the Complainant within 6 months from the date of execution of the Agreement for Sale, they dragged their feet after receiving lion’s share of the consideration money. Several reminders, including service of legal notice, failed to evoke any positive response from the side of the OPs. Hence, this case.
Case of the OP Nos. 1&2, on the other hand, is that, they never executed any agreement with the Complainant for the purpose of delivery of the schedule flat as mentioned in the petition of complaint. Pointing out that the Agreement for Sale does not bear either their signatures or that of the Complainant; they termed it as illegal, mala fide, motivated, and manufactured. It is further stated by these OPs that they received Rs. 4,50,000/- out of total bill amount of Rs. 4,67,500/- from the Complainant for the purpose of construction of entire 1st floor flat of the Complainant and her husband, Robin Mazumder at Premises No. C/22, Bapujinagar, Kolkata – 700 092. These OPs accused the Complainant of non-payment of Rs. 17,000/- out of the total billing amount of Rs. 4,67,500/- and prayed for dismissal of the case.
Point for determination is whether the Complainant is entitled to the reliefs sought for by her, or not.
Decision with reasons
The present dispute arises over alleged non-delivery of schedule flat at Premises No. 62E/170A, Raja Subodh Chandra Mullick Road, Postal Premises No. being C/159, Bapujinagar, P.O. Regent Estate, P.S. Jadavpur, Kolkata – 700 092. In support of her contention, Complainant filed the original copy of an Agreement for Sale. On a closer scrutiny of the same it transpires that the same does not contain any date and/or month; whereas, from the photocopy of purported Agreement for Sale annexed with the petition of complaint, it transpires that the same mentions the date of execution of the said agreement as 14-03-2015. Such discrepancy is a clear pointer of the fact that the Complainant tried to plug the loophole at a later stage.
Be that as it may, it is indeed surprising that the purported Agreement for Sale is not signed by any of the parties. We must emphasize that such unsigned document has got no evidential value in the eye of law. Although the page containing Memo of Consideration bears the signature of the OP No. 2, insofar as the same is mentioned in a complete separate sheet, it cannot be ascertained with certainty that it was the part and parcel of the alleged Agreement for Sale dated 14-03-2015.
Besides, there seems a dispute regarding exact location of the schedule flat in question as well as its value. It is claimed by the Complainant that she entered into an Agreement for Sale with the OPs regarding a flat situated at Premises No. 62E/170A, Raja Subodh Chandra Mullick Road, Postal Premises No. being C/159, Bapujinagar, P.O. Regent Estate, P.S. Jadavpur, Kolkata – 700 092 at a total consideration of Rs. 7,00,000/- (although it is inadvertently mentioned in the purported Agreement for Sale as C/259, Bapujinagar, P.O. Regent Estate, P.S. Jadavpur, Kolkata – 700 092); whereas, it is stated by the OP Nos. 1&2 that they undertook to develop the entire first floor flat of the Complainant situated at Premises No. C/22, Bapujinagar, Kolkata – 700 092 at a cost of Rs. 4,67,500/-. As noted earlier, we cannot take any cognizance of an unsigned piece of document and in absence of any other cogent documentary proof to satisfy ourselves about the veracity of Complainant’s claim, we are afraid, there seems no room to accord the desired reliefs in favour of the Complainant.
Accordingly, this complaint case fails.
Hence,
O R D E R E D
that CC/01/2016 be and the same is dismissed on contest against the OP Nos. 1&2 and ex parte against the OP No. 3. No order as to costs.
