Date of Filing: 13.11.2019

Date of Judgment: 23.11.2021  

Mrs. Sashi Kala Basu, Hon’ble President

This complaint is filed by the complainant , Smt Krishna De,  under section 12 of the C.P Act, 1986 against the O.Ps namely 1) M/s Nirman, represented by its partners; 1a) Maloy Roy Chowdhury, 1b) Subhendu Chakraborty, 2) Pradip Kumar Bose, 3) Reba Bose, 4) Dilip Kumar Bose 5) Mita Roy, alleging deficiency in service on their part.

The case of the complainant in short is that O.P no.1 is a developer, being a partnership firm  represented by its Partners; O.P nos. 1(a) and 1(b). O.P nos. 2 to 6 are the owners of the property . By an agreement for sale dated 14.12.2000 complainant agreed to purchase a residential flat described in schedule of the complaint, from the O.P developer at a total consideration of Rs. 8 lac. On payment of the entire consideration price O.P no.1 being represented by its partners handed over the possession of the flat to the complainant on 19.10.2001. But inspite of  several requests the deed has not been executed in favour of the complainant. Thus, the present complaint is filed by the complainant praying for directing the O.ps to execute the deed of conveyance in favour of the complainant as per Agreement dated 14.12.2000, to direct the O.P-1 to provide completion certificate or occupancy certificate, to pay compensation of Rs. 5 lac and litigation cost of Rs.50,000/-.

Complainant has filed the agreement entered into between the parties , money receipts showing payment of consideration price and the possession letter dated 19.10.2001 regarding handing over of the flat by the developer.

On perusal of the record  it appears that notice was sent to the O.Ps and on receipt of the notice O.P no.1 through its partners appeared and filed written version stating that the development agreement was entered into between the O.P no.1 and O.P nos. 2 to 5 and accordingly they have raised the multistoried building and completed the construction and handed over the possession as per their allocation. But it is the land owner who refused to execute and register the deed  for developer’s allocation. O.P no.1 is ready to execute and register the deed in favour of the complainant as per direction of the court.  But, thereafter they did not appear and did not take any step.

O.P no.4 also appeared but did not file written version in proper form inspite of repeated direction given to the O.P and subsequently did not appear. Neither he took any further step.

So, only point required determination is whether the complainant is entitled to the relief as prayed for.

 Decision with reasons

In support of her claim that by an agreement for sale dated 14.12.2000 she agreed to purchase the flat and the agreement was entered into between her and the O.Ps , complainant has filed the said agreement, wherefrom it appears that O.P no.1 , the Partnership Firm, being the developer had agreed to sell the said flat at a consideration of Rs.8 Lac. The receipts have been filed by the complainant showing payment of the said consideration amount. Copy of the possession letter filed by the complainant also indicates that possession has been handed over on receipt of the entire consideration price, as there is no reflection that any amount is due to be paid. Since, before this Commission there is absolutely no material to counter or rebut the claim of the complainant, the complainant is entitled to the execution and registration of the deed in respect of the flat  in her favour as per the agreement dated 14.12.2000. She is also entitled to the compensation as she has to bear the cost of registration as per present market value. Thus, an amount of Rs. 30,000/- towards compensation and litigation cost Rs.10,000/- will be justified.

Hence,

               ORDERED

That CC/576/2019 is allowed exparte against the O.Ps.

O.Ps are directed to execute and register the deed of conveyance in favour of the complainant  in respect of the flat as per agreement dated 14.12.2000 within 3 (three) months from this date.

O.Ps are further directed to pay compensation of Rs. 30,000/- and litigation cost of Rs.10,000/- to the complainant within the aforesaid period of 3 (three) months.

O.P no.1 being represented by O.P nos. 1(a) and 1(b) are also directed to supply completion certificate to the complainant within the aforesaid period of 3 (three) months.