Judgment : Dt.8.1.2018

Shri S. K. Verma, President

            This is a complaint made by one Md. Asiruddin Seikh, residing at 93/24, Majlish Ara Road, also known as P-3, Majlish Ara Road (Siriti), P.S.-Behala, Kolkata-700 041 against M/s Raj Construction, proprietor Raju Das, son of Sri Panchu Das of 18/18, Chanditala Branch Road, P.S.-Behala, Kolkata-700 053, OP No.1, Smt. Radha Rani Mondal, wife of Late Madan Mohan Mondal, residing at 93/24, Majlish Ara Road, P.S.-Behala, Kolkata-700 041,OP No.2, Sri Monoranjan Mondal, son of Late Madan Mohan Mondal, residing at 93/24, Majlish Ara Road, P.S.-Behala, Kolkata-700 041,OP No.3, Sri Nani Gopal Mondal, son of Late Madan Mohan Mondal, residing at 93/24, Majlish Ara Road, P.S.-Behala, Kolkata-700 041,OP No.4 and Smt. Sakuntala Das, wife of Madan Chandra Das and daughter of Lt. Madan Mohan Mondal, residing at 35/1, Chanditala Main Road, P.S.-Behala, Kolkata-700 041, OP No.5 praying for direction upon the O.P. to execute and register the deed of conveyance in respect of flat of the ground floor of the premises No.93/24, Majlish Ara Road (Siriti), P.S.-Behala, Kolkata-700 041 and for compensation of Rs.4,00,000/- and litigation cost of Rs.50,000/-.

            Facts in brief are that Complainant for purchasing a flat approached OP No.1 who is a builder M/s Raj Construction. OP No.1 is developer and OP No.2 to 5 are owners of the land situated at 93/24, Majlish Ara Road. OP No.2 to 5 entered into a development agreement with OP No.1 on 1.6.2012 and also executed a power of attorney in favour of OP No.1. Accordingly, OP No.1 constructed the building and intended to sell a flat out of his allocations. Complainant with intention to purchase a flat measuring about 530 sq.ft. entered into an agreement for sale with OP No.1 on 14.3.2014, where OP No.1 put his signature as proprietor of Raj Constructions. As per the agreement OP No.1 agreed to sell the flat at a consideration of Rs.15,00,000/-. Complainant paid Rs.3,00,000/- out of that at the time of agreement and the rest amount in installments as per payment schedule mentioned  in agreement for sale dt.14.3.2014. Finally, an amount of Rs.1,70,000/- was paid by the Complainant to the masons as OP No.1 did not complete the flat in a habit able condition. OP No.1 handed over possession of the flat but did not make conveyance deed. OPs are bound to make the conveyance deed in favour of the Complainant and since they did not make the conveyance deed, Complainant filed this case.

            OP No.2 to 5 filed written version and denied the allegations of the complaint. With the specific denials, these OPs prayed for dismissal of this case.

            OP No.1 did not contest the case by filing written version and so the case is heard ex-parte against OP No.1.

Decision with reasons

            Complainant filed affidavit-in-chief to which OP No.2 to 5 filed questionnaire to which Complainant filed affidavit-in-reply. Similarly, OP No.2 to 5 filed evidence against which Complainant filed questionnaire and OP No.2 to 5 filed affidavit-in-reply.

            Main point for determination is whether Complainant is entitled to the reliefs as prayed for.

            On perusal of the documents, it appears that the Complainant paid the money as alleged. OP No.1 by not contesting the allegation of the Complainant appears to have admitted it.

            Further on perusal of the agreement for sale, it appears that all the OPs are named in it and proprietor OP No.1 Raju Das has signed it. It is also clear that OPs handed over possession of the flat to the Complainant. So there does not appear any ground by which it can be said that Complainant is not entitled to the registration of a conveyance deed in his favour.

          Complainant has also prayed for compensation and litigation cost. However, there does not appear any ground for awarding compensation and litigation cost in favour of Complainant.

Hence,

ordered

           CC/214/2017 and the same is allowed ex-parte against OP No.1 and on contest against OP No.2, 3, 4 & 5. All the OPs are directed to make conveyance deed of the property mentioned in the schedule of agreement for sale, within two months of this order, in default the conveyance deed shall be made through the representative of this Forum.