HON’BLE MR. KAMAL DE, PRESIDING MEMBER

Order No.: 28

Date : 13.08.2022

The record is placed before Lok Adalat for disposal.

Heard Ld. Lawyers for complainant and the OPs.

Complainant and OPs are also present.

Heard them also.

After prolonged discussion and on consent of the parties, the following orders is passed.

                                                        ORDER

That the instant case be and  the same is allowed on consent in between the parties.

OPs 1 to 3 are directed to hand over delivery of possession of the subject flat to the complainant as per the agreement dated 09.11.2015 within 60 days from the date of this order receiving the balance principal amount from the complainant at the agreed rate without any interest and the complainant is to pay balance principal consideration amount to the OPs meanwhile.

OPs 1 to 3 are also directed to arrange for lift, sufficient water connection, electric connection to the premises of the complainant within the said period on receiving security deposit of electric charges, service charges etc. if any at the agreed rate. If the area of the subject flat exceeds the area as stipulated in the Deed of Agreement, the said OPs shall be liable to sell the same to the complainant at the agreed rate per square feet.

OPs 1 to 3 are also directed to deliver possession certificate to the complainant at the time of delivery of possession of the subject flat.

OPs 1 to 3 are also directed to construct fencing around the housing complex as agreed in between the parties.

OPs are directed to execute and register Deed of Conveyance before registering authority within 4 months from the date of this order. Complainant is to bear the Registration cost. If the OPs fail to execute sale deed by registering it within the stipulated period of 4 months the complainant shall be entitle to take recourse to execute this order in a separate proceeding for getting delivery of possession, execution and registration of the Sale Deed through this Commission and for the purpose the complainant shall have to bear all costs and services charges for execution and registration of the Deed of Conveyance and also to pay the charges to this Commission for deputing an Officer of this Commission on behalf of the complainant for execution and registration of the Sale Deed.  

OPs 1 to 3 are also directed to pay an amount of Rs. 1,75,000/- (Rupees One Lakh Seventy-Five Thousand only) as compensation to the complainant for causing harassment, mental pain and agony within the said stipulated period of 60 days. Failure to comply with the order will entitled the complainant to put the order into execution in accordance to law, as stated hereinbefore.

The instant case is thus disposed off on consent, of the parties.  

Let a copy of this judgement be supplied to the parties free of cost.