Date of Filing : 16/08/2021
Date of Judgement : 11/11/2024
Smt Monihar Begum, Hon’ble Member
BRIEF FACTS
The complainant had made an agreement for sale on 16/01/2012 with the OPs in respect of one covered car parking space measuring about 150 sq.ft. on the South East Side and one room on the North West side measuring about 150 sq.ft. in the ground floor of the building at Premises No.62 D.P.P.Road, (Mailing address-300, Ganguly Bagan), P.O. Naktala, Police Station, Jadavpur, Kolkata 700047 out of the developer’s allocation at a consideration amount of Rs,6,00,000/- (six lakhs) only which had already been paid and the OPs also acknowledged the same and issued valid receipt to that effect. OPs also agreed to deliver both the said car parking space and room within the stipulated period from the date of execution of agreement for sale.
OP handed over possession of the said car parking space but failed to deliver possession of the said room and also execute and register the deed of conveyance in respect of both car parking space and room in favour of petitioner. Petitioner on several occasions requested the OPs to deliver the said room and also for registration of the deed of conveyance in favour of the petitioner. petitioner alleged that the OPs had the intention to deceive and defraud the petitioner and the said acts and conducts on the part of the OPs indicate the deficiency in service and unfair trade practice as they failed to comply with the request of the petitioner. so the petitioner filed the instant case for relief(s).
OPs did not appear to contest the case, so it was heard exparte against them.
The only point of consideration is whether the petitioner is entitled to give relief(s) in this case.
FINDINGS
We have gone through the petition of complaint, evidence and also the documents produced on behalf of the petitioner:
- Agreement for sale dated 16/01/2012.
- Letter dated 01/03/2012 of MILLENIUM INDIA CONSTRUCTION to the petitioner.
- Copy of Speed Post.
It is found from the materials on record and the Money Receipts showing Rs.6,00,000/- that the OP received the amount having been paid to them by the petitioner as consideration of said car parking space and room but they failed to give possession of the room and they gave possession only on car parking space and neglected to comply within the stipulated period as per agreement for sale.
Petitioner claimed possession of the office room measuring 150 sq,ft. and registration of the deed of conveyance in respect of the said car parking space and the office room in his favour.
We think, considering the materials on record, petitioner is entitled to get the said car parking space and office room, execution and registration of deed of conveyance in favour of him and also entitled to get Rs.15,000/- towards compensation and Rs.8,000/- towards litigation cost.
OPs are liable to pay the said amount.
Accordingly it is
ORDERED
The instant complaint case is allowed exparte against the OPs.
OPs are directed to deliver possession of the office room measuring 150 sq.ft. more or less at the ground floor and also to execute and register deed of conveyance in respect of the room and car parking space in favour of the petitioner in respect of agreement.
OP are also directed to pay Rs,15,000/- towards compensation and Rs.8,000/- towards litigation cost to the petitioner.
The aforesaid order shall be complied by the OPs within 30 days from the date of this order failing which the petitioner shall be at liberty to proceed in accordance with law.
And also if the order is not complied by the said OPs within the above period, he is liable to pay the interest of entire amount @10%p.a. until realisation.
Dictated and corrected by
Member
