Case of the complainants in brief is that complainants entered into an agreement for sale with OP no. 1 on 10.07.2014 for purchasing a flat at a total consideration amount of Rs. 35, 10,000/-only for the entire 2^nd floor measuring about 1350 sq.ft. super build up area @Rs.2,600 per sq.ft. It is stated in the petition of complaint that as per agreement the said flat scheduled to be handed over within 18 months from the date of execution of the agreement for sale to the purchaser. After passing the said stipulated period for delivering the said flat the OPs did not do the same due to that the complainants requested OP nos. 2 to 4 to hand over the possession to the complainants. But OPs did not turn up. Thereafter on 02.01.2019 OPs compelled to hand over the possession of the said flat to the complainants without issuing any possession letter in favour of the complainants. Thereafter on several occasions the complainants requested OP nos.1 to 4 to issue possession letter, to execute and register the deed of conveyance and to furnish completion certificate but OPs did not turn up. Hence this case.

Complainants filed this case praying for direction upon the OPs to execute and register the deed of conveyance in favour of the complainants in respect of the 2^nd schedule flat, to hand over the copy of building completion certificate, to execute a valid possession letter in favour of the complainant and to pay interest @12%p.a. on Rs. 35, 10,000/- only, to pay compensation of Rs. 5, 00,000/-only and to pay Rs. 50,000/-only as litigation cost.

Notice has been served upon all the O.Ps. in spite of that none appeared on behalf of O.P. Nos. 1 to 5. Therefore the case was proceeded ex-parte against O.Ps. No. 1 to 5 vide order no. 4 dated 27.05.2022.

O.P. Nos. 6 and 7 contested this case by filing their written version denying and disputing all the material allegations made against them stating that being the landowners they were willing to co-operate with the complainants to execute and to register  the deed of conveyance in respect of the Second Schedule Property as per the Agreement for sale.

Decision with reasons

From the agreement for sale dated 10^th July, 2014, it appears that complainants had entered into a tripartite agreement with the landowners and developers. As per the said agreement, the developer was under obligation to execute proper sale deed of the said flat in favour of the complainants. It further appears that Complainants are already in possession of the flat in question. On perusal of the record it further appears that registration of the said flat has already been done vide the order of this Commission. Therefore, only the completion certificate is to be obtained in respect of the building constructed by the OPs. On perusal of the agreement for sale it appears that as per the said agreement OPs were under obligation to obtain the completion certificate and to hand over the same to the complainants but they have failed to hand over the same that amounts to deficiency in service on the part of the OPs.

The inaction of the OPs compelled the complainants to file this case hence OPs are liable to pay compensation of Rs. 50,000/-only and litigation cost of Rs. 30,000/-only to the complainants.

In the result, the petition of complaint succeeds.

Hence, it is,

                                                              Ordered

that the complaint case being no.185/2021 is allowed ex parte against  OP nos.1 to 4 with cost and dismissed against OP nos.5, 6 and 7 without cost.

OP nos.1 to 4 are directed to obtained completion certificate and handed over the same to the complainants within 45 days from this date of order.

OP nos.1 to 4 is further directed to pay Rs. 50,000/-only towards compensation and Rs. 30,000/-only towards litigation cost to the complainants within 45 days from this date of order failing which entire amount shall carry interest @12%p.a.

Let plain copy of this order be given to the parties free of cost.

Dictated and Corrected by

[HON'BLE MRS. Sagarika Sarkar]
MEMBER