Case of the complainants is that the complainants entered into an agreement for sale with the OP-developer (OP no.1) on 09.06.2004 for purchasing a shop room for earning their livelihood, being shop no. A4 on the ground floor measuring super build up area 118.8 sq.ft. at holding no. 58, N.N. Mukherjee Road, Kolkata-700065 by paying consideration amount of Rs. 3,00,000/-. It is stated in the petition of complaint that as per direction of OPs the complainants made arrangements for registration of the said shop room and for that purpose they paid Rs. 23,500/- for stamp duty and Rs. 5,000/- for registration fees. It is further stated in the petition of complaint that after preparation of the sale deed the OPs signed on the deed but on the date of the registration OPs refused to register the same. Thereafter, on 05.04.2006 the complainants requested the OPs for the registration of the same and the complainants arranged total stamp duty and registration fees and submitted the same before the OPs and at that time OPs refused to register the same. Thereafter on several occasions the complainants requested the OPs to register the same but all were in vain. Finding no alternatives the complainants filed this case praying for direction upon the OPs to register the shop room in favour of the complainants along with compensation of Rs. 2,00,000/- and litigation cost of Rs. 20,000/-.

It appears from the record that the notices were served upon OP no. 3 on 04.10.2021 and notices upon OP no. 1 and 2 were served through daily newspaper publication on 24.07.2022. It further appears from the order no. 4 dated 03.01.2022 and order no. 9 dated 02.09.2022 that the OPs preferred to remain absent even after receiving the notices. However, after providing ample opportunity to the OPs to enable them to contest this instant case which the OPs choose not to avail this Commission, for the ends of justice had no alternative but to fix the case for ex parte evidence.

Decisions with reasons

To prove their case the complainants filed agreement for sale executed by and between the land owner, the developer and the purchasers on 09.02.2016 from where it appears that the purchasers in pursuance of the said agreement and by paying consideration amount of Rs. 2, 97,000/- to the developer will get absolutely and indefeasibly a shop room on the ground floor measuring an area of 118.8 sq.ft. in the holding no. 58, N.N. Mukherjee Road, Kolkata-700065 under South Dumdum Municipality. It further appears from the money receipts issued by the OP-developer that the complainants paid Rs. 2, 97,000/- as total consideration amount for purchasing a shop room to the OP-developer. It further appears from the prayer of the complainants that only the registration part of the said property is yet to be done.

 On perusal of the agreement it further appears that the mutation cost shall be born by the purchasers and the developer shall agree to give consent for the same. In course of hearing argument Ld. Advocate for the complainant submitted that OPs have handed over the possession of the shop room to the complainants, only registration of the shop room is required to be done.  From the submission of the complainants and the documents filed by them it is evident that after receiving the entire consideration amount. OPs avoid their responsibility towards registration of the deed of conveyance although the complainants arranged the whole process to register the same. Failure to registration of the shop room in favour of the complainants amounts to deficiency in service on the part of the OPs. Moreover, the inaction of the OPs compelled the complainants to file this case, hence the OPs are liable to pay compensation and litigation cost to the complainants.  

In the result the petition of complaint succeeds.

Hence, it is

Ordered

              that the complaint case being no. 98/2021 is allowed ex parte against all the OPs with cost.

OPs are directed to register the deed of conveyance in respect of the subject shop room in favour of the complainants within 45 days from this date of order. The OPs are further directed to pay Rs. 50,000/- as compensation and Rs. 15,000/- as litigation cost to the complainants within 45 days from this date of order failing which interest @12%p.a. shall accrue on the entire amount.

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