Judgment dated 25.5.2016

            This is a complaint made by Shri Surajit Das against M/s. S. K. S. Developers proprietorship firm represented by its proprietor Shri Sujit Saha having its office at premises No.E-185, Ramgarh Police Station, Jadavpur, Koilkata – 700 047 praying for a direction upon the OP for delivery of the shop room at the ground floor measuring about 150 Sq. ft. at premises holding No.355, Purbapara, Ward No.29 within the limits of the Rajpur Sonarpur Municipality and for a direction for registering the Deed of Conveyance in favour of the Complainant and for payment of compensation to the tune of Rs.1,00,000/- and also litigation cost.

            Facts in brief are that Complainant being a poor business man was searching a shop room met developer and learnt that he can get a shop room for Rs.2,80,000/- . Accordingly, an agreement for sale was entered into between Complainant and OP on 23.11.2011 of the shop room measuring about 150 Sq. ft. on the ground floor. It was agreed that the said shop room will be delivered to the Complainant within 36 months of the execution of agreement for sale. Complainant paid total consideration money on different dates. OP confirmed the payment by a letter dated 27.2.2014 and accepted that he received the payment. Thereafter, Complainant persuaded OP for handing over possession and the registration of the shop room but of no use. So, Complainant filed this case.

            OP filed written version and denied the allegation. In the paragraph 11 of the written version he has stated that he entered into an agreement for sale of 150 Sq. ft.  on 23.11.2011. He also admitted the Complainant made all total payments consideration money in terms of agreement for sale. Further OP has stated that OP is a constituted attorney of land lady Smt. Sailabala Sil OP was eager and willing to deliver physical possession and cause execution of Deed of Conveyance in favour of the Complainant. But Complainant failed to take possession and make arrangement for registration of Deed of Conveyance. So, there is no deficiency in service and the case of the Complainant is not maintainable. On this ground OP has prayed for dismissal of the complaint.

Decisions with reasons

Complainant in order to prove the allegation has filed affidavit-in-chief wherein he has reiterated the facts mentioned in the complaint petition. In addition he has filed a copy of agreement for sale.

OP has filed questionnaire against affidavit-in-chief of the Complainant to which Complainant has answered.

OP has also filed evidence on affidavit. Complainant has filed written argument and OP has also filed written argument.

Main point for determination is whether Complainant is entitled to the reliefs which he has prayed.

In this regard the Forum is to examine the reply of the Complainant of the questions put by the OP. It appears on perusal of the answers that Complainant has denied almost all the questions of the OP.

Further, it appears that OP has asserted that he was always ready and willing to deliver physical possession to the Complainant but Complainant did not take possession.

On perusal of argument of both the sides it appears that the facts stated in the complaint and written version has been reaffirmed by the parties.

So, the picture which emerges makes it clear that both the parties are ready and willing to comply the terms of the agreement for sale on 23.11.2011. It seems that due to some minor misunderstanding the possession could not be delivered and registration of the deed could not be made. Now, since the parties are before this Forum; it is incumbent upon us to provide relief to the Complainant. Accordingly, this is a fit case where OP is required to be directed to hand over possession and direction for making registration in favour of the Complainant of the shop room measuring about 150 Sq. ft. in terms of the agreement for sale dated 23.11.2016. In addition Complainant deserves compensation of Rs.10,000/- and litigation cost of Rs.5,000/-by the OP.

Hence,

O R D E R E D

CC/37/2016 and the same is allowed on contest. OP is directed to hand over possession of the shop room as mentioned in agreement for sale within 2 months of this order and further directed to make a Conveyance Deed in favour of the Complainant of the said shop room within 3 months of this order.

OP is also directed to pay Rs.15,000/- to Complainant within 2 months of this order in default, this amount shall carry an interest of 15% p.a. after 2months of this order till realization.