Date of filing: 26/09/2022
Date of Judgment: 26/09/2023
Mr. Sudip Niyogi, Hon’ble President.
BRIEF FACTS
The complaint case complainant who was a monthly tenant in respect of a shop room under OP No. 3 - the owner, had agreed to cooperate when the said owner entered into a development agreement with OP No. 2 - the proprietor of OP No. 1 for developing the said property at premises no. 76B, Netaji Subhash Chandra Bose Road, Police Station Jadavpur, Kolkata – 700 040. The necessary power of attorney was also executed in favour of the said developer. Accordingly the complainant entered into one agreement for sale on 25/08/2020 with the OPs in respect of the ‘B’ schedule property i.e. one shop room measuring about 182 sq. ft. super built up area at the said premises to be sold to the complainant at a price of Rs. 1,10,000/-. At the time of the said agreement complainant also paid a sum of Rs. 1,00,000/- as earnest money with a promise to pay the balance amount at the time of execution of the deed. According to complainant he would run his shop for his only livelihood and he was assured to get the new shop room within 18 months from the demolition of the existing building. But the opposite parties neglected to execute and register the deed of conveyance in his favour which amounted to deficiency in service on their part. The legal notice through his advocate for execution of the deed of conveyance also failed to break the impasse. Therefore by filing the instant complaint he prayed for execution of the deed of conveyance, physical possession of his flat, completion certificate etc.
Opposite parties did not appear to contest the case.
Complainant filed his evidence, documents and also brief notes of argument.
Point for determination is whether the complainant is entitled to relief(s) in this case?
FINDINGS
From the document produced by the complainant it is found one development agreement was entered into between the OPs for development of the premises of OP No. 3 where the shop room of the complainant was situated. One registered power of attorney was also executed by OP No. 3 in favour of the developer. The agreement for sale dated 25/08/2020 revealed that the said agreement was made between the complainant and the OPs where one shop room measuring 182 sq. ft. super built up area on the front portion at the said premises would be sold to the complainant at a consideration of Rs. 1,10,000/-,. The payment of Rs. 1,00,000/- out of the said consideration by the complainant was also admitted in the said agreement. But the shop room as agreed upon was not handed over to the complainant nor any deed of conveyance was made in his favour on receipt of balance consideration. Therefore, we find that complainant is entitled to execution and registration of the deed of conveyance in respect of the shop room as agreed upon in his favour on payment of the balance consideration of Rs. 1,00,000/-. Complainant is also entitled to a copy of the completion certificate and also cost of litigation to the tune of Rs. 5,000/-.
Hence it is
ORDERED
That the instant complaint case stands allowed exparte against the opposite parties.
OPs are directed to execute and register the deed of conveyance in respect of the shop room in accordance with the agreement for sale dated 25/08/2020 in favour of the complainant on receipt of balance consideration of Rs. 1,00,000/-.
OPs are also directed to pay Rs. 5,000/- to the complainant for cost of litigation.
OP Nos. 1 & 2 are directed to supply the completion certificate in respect of the said premises or a copy thereof to the complainant.
OPs are directed to comply with this order as aforesaid within 45 days from the date of this order.
If the completion certificate is not already procured, the same or copy thereof to be supplied within 30 days from the date of receipt from the concerned authority.
Complainant shall be at liberty to proceed in accordance with law if the aforesaid orders are not complied with.
Dictated and corrected by me
President
