Date of filing : 10.02.2021

Date of Judgment : 11.11.2022

Mrs. Sashi Kala Basu, Hon’ble President

This Consumer complaint is filed by the Complainant namely Smt. Sikha Roy against Opposite Parties (referred as OPs hereinafter) namely (1) M/S Raj Lakshmi builder (2) Smt. Bidya Kar (3) Sri Suvojit Kar and (4) Minimoy Ranjan Kar allaging deficiency in service on their part.

Case of the Complaint in short is that by an agreement of sale dt 15.07.2021 Complainant agreed to purchase a flat described in schedule B of the agreement, from OP ‘the developer’ represented by its proprietor being OP no 4 at total consideration price of Rs 550000/-. OP no 2 and 3 being owners of entire Premise described in the schedule ‘A’ entered into a development agreement with the OP no 1 being represented by its proprietor, to construct a multi-storied building and had also executed a power of attorney in favour of the developer. Complainant has paid the entire consideration price to the OP no 4 who though has delivered the possession of the flat but failed and neglected to execute and register the deed of conveyance in favour of the Complainant. A legal notice was sent by the Complainant to the OPs but they paid no heed and thus the present complaint is filed by the Complainant praying for directing the OPs to execute and register the deed of conveyance in favour of the Complainant , to pay compensation of Rs 500000/-, to pay cost of Rs 500000/- and to handover the completion certificate.

On perusal of the record it appears that the OP 1 being represented by its proprietor (OP 4) appeared on receiving the notice and prayed for some time to file written version but thereafter in spite of repeated dates being fixed, OPs 1 & 4 did not take any step. OP No. 2 & 3 also did not take any step in spite of service of notice.

So the only point requires determination is whether the Complainant is entitled to the reliefs as prayed ?

Decision with Reason

In support of her case, Complainant has filed the copy of the development agreement dated 26.05.2008 entered into between OP no 2 & 3 the owners with the developer OP no 1 and also the power of attorney executed by the owners in favour of developer on 08.07.2010. The agreement of sale dated 15.07.2011 entered into between the parties is also filed which indicates that a sum of Rs  100000/- was paid by the Complainant on the said date of execution of agreement to OP out of total consideration price of Rs 550000/- towards purchase of a flat as specified in the schedule ‘B’ of the said agreement. Complainant has also filed the money receipts showing that the rest of the amount of Rs 450000/-was also paid subsequently through cheques. Admittedly Complainant is in possession of the subject flat and to this effect, an undated letter of handing over possession of the flat to the Complainant by the developer is also filed. Payment of the entire consideration price by the Complainant to the OP developer is further substantiated from the fact that in the said possession letter there is no mention that any amount is due to be paid by the Complainant towards consideration price. So as no deed of conveyance in favour of the Complainant has yet been executed, Complainant is entitled to the execution and registration of the deed of conveyance in respect of the subject flat and also entitled to the copy of completion certificate as there is specific recital in agreement dt 15.07.2011 that developer had already obtained the sanctioned plan vide sanctioned plan no 2009140374 dated 15.10.2009 to raise the building. However in the given facts and situation of this case we find no justification to allow any compensation as Complainant herself remained silent after taking the possession. Barring a legal notice which is also undated, no document is filed that Complainant had written to the OPs asking for registration  of the deed of conveyance in her favour.

Hence

          Ordered

CC/81/2021 is allowed exparte. Opposite Parties are directed to execute and register the deed of conveyance in respect of the flat as per agreement dated 15.07.2011 in favour of the Complainant within two months from this date.

OPs are further directed to pay litigation cost of Rs 10000/- to the Complainant within the aforesaid period of two months.