The facts as stated in the complaint and emerged from the documents attached with, are that the complainant had entered into an agreement with the OP NO.1, the partnership firm of OP no.2 and 3 in order to purchase a residential flat at premises no. 4A, Roy Jatindranath Choudhury Lane, P.S. - Baranagar, P.O. - Baranagar, Kolkata-700036 on 14.03.2014 at a total consideration price of Rs. 13, 50,000/-. Accordingly the complainant paid Rs. 12, 00,000/- on different dates to the OP no.1 who agreed to hand over the said flat within 12 months from the date of execution of the agreement for sale. It is stated that another agreement for development was executed by and between the land owners (OP no. 4, 5, 6 and 7) and developers (OP no. 1, 2 and 3) on 10.07.2005. Thereafter the OP -developers started development work but they failed to complete the work within the stipulated time as per agreement dated 14.03.2014 and subsequently failed to hand over the possession in favour of the complainant though they received almost the entire agreed amount. Thereafter on several occasions the complainant requested the OPs to complete the agreed work of the said flat and to execute the deed of conveyance in favour of the complainant but entire process went fruitless. Hence the complainant filed this case praying for direction upon the OPs to execute and register the deed of conveyance in favour of the complainant along with compensation and cost of litigation.
Notices were served upon OP no. 2 and 3. In spite of service of notice neither OP no.2 and 3 nor their authorised persons appeared before this Commission. Hence, the case was proceeded ex parte against OP no. 2 and 3 vide order no. 3 dated 23.05.2018. Notices were also served upon OP no. 1, 4, 5, 6 and 7 through newspaper publication on 06.03.2022. In spite of that none appeared on behalf of them and the case was proceeded ex parte against OP no. 4, 5, 6 and 7 on 27.05.2022.
Complainant adduced evidence on affidavit and BNA.
Decision with reasons
According to the agreement (Para 6) executed by and between the parties on 14.03.2014, the possession of the flat in question had to be delivered to the purchaser (complainant) within 12 months from the date of execution of the agreement for sale, complete in all respect. After perusal of the record, it appears that complainant paid Rs. 2,70,000/- as booking amount out of total consideration of Rs. 13,50,000/- and further Rs. 5,40,000/- was paid on 26.04.2014 by the complainant. It further appears from the letter dated 04.06.2015 issued by the OP-developer that complainant was requested to pay last instalment amount of Rs. 1, 30,000/- and to take possession of the said flat at an early date. Therefore, it is evident that complainant paid Rs. 12, 20,000/- to the OP developer out of total consideration of Rs. 13, 50,000/-. It further appears from the letter dated 18.01.2016 issued by the OP -developer that the possession which ought to have been delivered on or before 14.03.2015 to the complainant has not been delivered then and the OP-developer assured the complainant that the development work would be completed within 5th February, 2018 but they failed to do so till the filling of this case which amounts to deficiency in service on the part of the OPs.
In view of the aforesaid discussions, we are of the opinion that the complainant has fully corroborated with his case. The documents filed by the complainant, remained unchallenged, also support the case of the complainant. Hence, we are constraint to hold that the complainant’s case is proved and he is entitled to an order as prayed for.
Hence, it is ordered
That the complaint case being no. RBT/CC/412/2021 is allowed ex parte against OP no. 1, 2 and 3 with cost.
OPs are directed to offer possession of the flat complete in all respect to the complainant and execute deed of conveyance in favour of the complainant within a period of 2 months from this date of judgement after receiving the amount payable as last instalment. OPs are further directed to pay compensation to the complainant in the shape interest@ 6% per annum on the deposited amount from the proposed date of delivery of possession as per agreement dated 14.03.2014 till realisation. OPs shall also pay Rs 20,000/- as cost of litigation to the complainant. All such payments shall be completed within 2 months from this date of judgement failing which interest @12% per annum shall accrue on entire amount.
Let a plain copy be given to the parties free of cost as per CPR.
Dictated and Corrected by
[HON'BLE MRS. Sagarika Sarkar]
MEMBER
