HON'BLE MR. SUDIP NIYOGI, PRESIDENT Briefly stated, the case of the complainant is that he had entered into an agreement with the Opposite Parties on 27/05/2005 to buy one self-contained flat being No. 3 D, 3rd Floor, Block 1 having a super built up area of 1096 square-feet and 100 square-feet car parking space at Premises No. 91/1, Bose Pukur Road, within P.S- Kasba, Kolkata- 700042 from the allocation of the developer who is OP No. 1 in the present complaint for a consideration of Rs.15,97,816/- (Fifteen Lakh Ninety-Seven Thousand Eight Hundred Sixteen Rupees only). Prior to that, OP No. 1 i.e. the developer had entered into a development agreement on 24/11/2003 for construction of a G+3 storied building on the land of the said Premises No. 91/1, Bose Pukur Road, P.S- Kasba. Following his agreement with the OPs complainant paid Rs.1,59,781/- (One Lakh Fifty-Nine Thousand Seven Hundred Eighty-One Rupees only) by a cheque to OP No. 1 towards earnest money on 27/05/2005 and subsequently, he paid the entire balance consideration price by making payment on various dates to him. OP No. 1 also delivered the possession of the said flat and car parking space on 03/06/2007 to the complainant but thereafter, on repeated requests of the complainant, the Opposite Parties avoided execution and registration of the deed in respect of the said flat and car parking space of the complainant. Therefore, the complainant on being compelled, approached the Commission with a prayer for execution and registration of a deed of conveyance in respect of his flat and car parking space with proportionate share in land as mentioned in the Schedule to the complaint. He also prayed for Rs.3,00,000/- (Three Lakh Rupees only) for compensation for harassment and mental agony and Rs.50,000/- for cost of litigation. Having received the notice of this complaint, Opposite Parties No. 2 to 11 entered their appearance and filed an application that they were agreed to execute the deed of conveyance in favour of the complainant in respect of his flat and car parking space. However, OP No. 1 did not appear in this case though notice was served upon him. Therefore, the instant case against the OP No. 1 was heard ex parte. The point for consideration is whether the complainant is entitled to relief (s) as prayed for. Findings:- Complainant by filing one application on affidavit wanted that his petition of complaint be treated as evidence on his behalf. He is also found to have filed the original documents along with the Photostat copies thereof during hearing. The documents filed are, inter alia, one agreement for sale dated 27/05/2005 entered into between the land owners, the OP No. 1 and the complainant, 12 money receipts of different dates showing the payment of the entire consideration price to OP No. 1. As already observed that OP No. 2 to 11 who are found to be the land owners appearing in this case by filing a power (Vakalatnama) and an application is filed on their behalf informing about their intention for execution of the deed of conveyance in respect of the property, in question, in favour of the complainant. It is also stated that they have no objection if an order is passed to that effect in favour of the complainant. On going through the contentions of the complainant and also the documents produced by him it is found that the complainant paid the entire consideration price to OP No. 1 and also the possession of the flat and car parking space was also delivered to the complainant by OP No. 1 on 03/06/2007 as admitted by the complainant. However, since then, the execution and registration of the deed of conveyance in favour of the complainant has been pending. Therefore, complainant is found to have legitimate demand for getting the deed of conveyance executed and registered in his favour. That being so, complainant is entitled to the relief in this case. Complainant is also entitled to compensation as he has suffered mental agony for all these long years since 2007 on account of the deed of conveyance not being registered in his favour. This apart, complainant is also entitled to cost of litigation. Accordingly, it is ORDERED That the instant complaint be and the same is allowed ex parte against the OP No.1 and on contest against OP Nos. 2 to 11. The Ops are directed to execute the deed of conveyance in respect of the flat and car parking space as noted in the Schedule to the complaint in favour of the complainant within 30 days from the date of this order failing which complainant shall be at liberty to execute this order in accordance with law. OPs are also directed to pay Rs.30,000/- (Thirty Thousand Rupees only) as compensation for harassment and mental agony and Rs.7,000/- (Seven Thousand Rupees only) for cost of litigation. Dictated and corrected by me. President |
