Case of the complainant in brief is that the complainant entered into an agreement for sale with the OPs namely M/s Super Contech partnership firm OP no. 1 and its directors OP no. 2 and 3on 18.10.1996 for purchasing a complete flat measuring about 560 sq.ft. situated at premises no. 23 Baghajatin Road, Kolkata-700036, P.S- Baranagar, Dis- North 24pgs at a total consideration price of Rs. 3,30,000/-. Accordingly the complainant paid total consideration amount to the OP-developer receiving which the OP issued money receipt on 22.09.1997. It is stated in the petition of complaint that the OP-developer completed the said building and handed over the same to the complainant on 20.10.2005 but till date OP did not execute and register the said flat in favour of the complainant. On several occasions the complainant requested the OPs to execute and register the deed of conveyance in favour of him but the OP did not turn up. Hence the complainant files this case praying for direction upon the OPs to register the deed of conveyance in favour of the complainant along with compensation of Rs. 1,00,000/- and litigation cost.

Notices were served upon the OPs through newspaper publication in spite of that none appeared on behalf of the OPs. Hence the case was proceeded ex parte against the OPs vide order no. 6 dated 09.09.2022.

Decision with reasons

It appears from the agreement dated 18.10.1996 the purchaser would get a self contained measuring about 570 sq.ft. Accordingly the OP-developer handed over the flat to the complainant after receiving full and final consideration money of Rs. 3,30,000/-.

The complainant alleged that the OP-developer did not execute and register the deed of conveyance in favour of the complainant. It is the obligation of the developer to register the proposed flat in favour of the purchaser at the time of handing over the same but in this case the OP-developer deviated from the promise of the agreed work which amounts to deficiency in service on their part.

Since the registration part of the complainant’s flat is still pending and the complainant suffers mental agony and pain and has to incur the litigation cost of this case, hence, OPs are liable to pay compensation and litigation cost to the complainant.

In the result the petition of complaint succeeds.

Hence

           it is ordered

that the complaint case being no. 138 of 2022 is allowed ex parte against all the OPs. OPs are directed to execute and register deed of conveyance in favour of the complainant within 45 days from this date of order. OPs are further directed to pay Rs. 50,000/- as compensation and Rs. 20,000/- as litigation cost to the complainant within 45 days from this date of order failing which the entire amount shall carry interest @12% p.a.

Let a plain copy be given to the parties free of cost as per CPR.

Dictated and Corrected by

[HON'BLE MRS. Sagarika Sarkar]
MEMBER