This is a complaint made by one Tapan Kumar Biswas against M/s United Associated, praying for a direction upon the OP to handover the building completion certificate and also execute and register the Deed of Conveyance in the name of the Complainant in respect of Flat No. E, measuring more or less 615 sft. on the 2nd floor of Municipal Premises No. 25, Garfa Main Road, Kolkata – 700 078 and also for a compensation of Rs. 1,00,000/- and litigation cost of Rs. 20,000/-.
Facts, in brief, are that the Complainant, an upper middle class person, was looking for a suitable flat in the Garfa locality. He approached the OP, a registered partnership firm, who offered him to sell a flat in the proposed new building to be constructed at Municipal Premises No. 25, Garfa Main Road, Kolkata – 700 078. So, the Complainant entered into an agreement with the OP on 30-06-1991 in order to purchase a flat on the 2nd floor being No. “E” at a total consideration of Rs. 1,90,000/-, payable as per terms of the agreement. According to the terms of agreement, OP was under obligation to complete the said flat and handover the possession of the same by 31-07-1991, but it was not done. On 14-10-1995, possession was ultimately handed over and the Complainant paid the entire consideration money. Thereafter, the Complainant asked the OP to register the flat in his name, but to no use. So, Complainant filed this case.
On the basis of above facts, the case was admitted and notice was served upon the OP. Despite receiving notice, the OP did not appear to contest the case. So, the case was heard ex parte.
Decision with reasons
Main point for determination is whether the Complainant is entitled to the reliefs which he has prayed for.
First relief prayed for by the Complainant is to direct the OP to handover the building completion certificate and also execute and register the Deed of Conveyance in his name.
On perusal of the complaint petition and Affidavit-in-Chief, it appears that the possession was handed over to the Complainant in the year 1995. There is no explanation as to why the Complainant did not take step for getting registration of the flat done in his favour for long 20 years. The Complainant filed this case on 16-05-2016 for procuring the building completion certificate from the OP.
It appears from the cause title of the complaint that one Udyan Sen was a partner of Untied Associated, i.e., the OP at the relevant point of time. Complainant has not filed any document to establish that still now said Udyan Sen is acting as a partner of United Associated as he used to do in the year 1991. Further, no document is forthcoming to establish the possession of the flat in question by the Complainant, save and except his assertion in the petition of complaint. It is not clear, whether the Complainant has paid any tax to the Kolkata Municipal Corporation till now. There is no document either to show that after taking possession of the said flat, he is receiving electricity bills. To sum up, no cogent documentary proof is placed on record by the Complainant to establish his possession over the suit premises.
So, we are afraid that after a gap of 20 years, we are not in a position to direct the OP, whose very whereabouts is under cloud, to register the flat or handover the building completion certificate. We cannot overlook the fact that this is no short delay, but a prolong delay of 20 years and significantly, no explanation has been assigned by the Complainant to justify his inaction. Equity aids the vigilant, not those who slumber on their rights.
In the light of our foregoing discussion, we are of view that due to the inordinate delay caused by the Complainant and in absence of any documentary proof to establish the possession of the Complainant in respect of the flat in question, no relief can be granted to the Complainant.
Hence,
O R D E R E D
that CC/208/2016 be and the same is dismissed ex parte against the OP. No order as to costs.
