Dt. of filing 10/7/2018
Dt. of Judgement – 20/02/2019
Mrs. Sashi Kala Basu, Hon’ble President
This consumer complaint is filed by the Complainant namely Mr. Prasanta Chakraborty under Section 12 of the Consumer Protection Act, 1986 against the Opposite Parties namely M/s. Uma Associates 2) Mr. Subrata Gupta 3) Smt Manju Naskar and 4) Mr. Somnath Naskar
Case of the Complainant in short is that by an agreement for sale dated 26/08/2011 executed by and between Opposite Party No.1 as developer, Opposite Party Nos.2 & 3 as land owner, Complainant agreed to purchase one self contained flat no.B-2, Block-B, 1st floor (North East) having approximate super built up area of 792 sq ft in the building at Uma Twins being holding no.2522 under Sonarpur Municipality at a consideration price of Rs.9,90,000/- and paid Rs.1,00,000/- to the Opposite Party on the very date of execution of the agreement. Complainant has also paid balance consideration amount of Rs.8,90,000/- subsequently on different dates to the Opposite Party No.1 and he has also handed over the physical possession of the said flat to the Complainant on 11/08/2014 and accordingly issued a possession certificate. But he did not take positive step for execution and registration of Deed of Conveyance in favour of the Complainant. Opposite Parties did not execute and register the Deed of Conveyance in spite of repeated request by the Complainant on several occasions. Notice was also sent by the Complainant through his Ld. Advocate on 11/6/2018 to the Opposite Parties but of no use. So the present complaint case has been filed by the Complainant praying for directing the Opposite Party to execute and register the Deed of Conveyance in respect of the flat mentioned in the schedule, to pay Rs.1,50,000/- as compensation and litigation cost of Rs.60,000/-.
Complainant has annexed with the complaint petition, copy of development agreement on 5/5/2009 entered into between developer and the owners to develop the property, agreement dated 26/8/2011 whereby Complainant agreed to purchase the flat, copy of the money receipts and the copy of the notice sent by the Complainant through his Ld. Advocate and also the possession letter dated 11/8/2014.
On perusal of the record it appears that the notices were sent to the Opposite Parties but inspite of the services Opposite Parties did not take any step and thus the case proceed exparte against them.
So only point requires determination is:
Whether the Complainant is entitled to the relief as prayed for?
Decision with reasons
On perusal of the agreement dated 5/5/2009 it appears that Opposite Party Nos.3 & 4 being the owners entered into agreement with Opposite Party Nos.1 & 2 in order to develop the property. Subsequent to the said development agreement, agreement was executed by and between the parties on 26/8/2011 whereby the developer Opposite Party No.2 in this case agreed to sell the flat as described in the schedule of the complaint petition at a total consideration price of Rs. 9,90,000/-. Developer O.P signed in the agreement as constituted attorney of the owners. Complainant has filed the money receipts wherefrom it appears that he has made the payment of consideration amount on different dates. The possession letter dated 11/8/2014 also suggests that the said developer has handed over possession of the flat to the Complainant on receiving the consideration price. If that be so, the Complainant is entitled to execution and registration of the Deed of Conveyance in his favour in respect of the said flat, especially as no contrary evidence is forthcoming before this Forum in order to counter or rebut the case of the Complainant. Complainant has also prayed for compensation. In our view the compensation of Rs.25,000/- will be justified especially as he has to bear the registration cost as per the present market value.
Hence,
ORDERED
CC/414/2018 is allowed ex-parte. Opposite Parties are hereby directed to execute and register the Deed of Conveyance in respect of the schedule flat in the name of the Complainant within three months from the date of this order. They are further directed to pay Rs.25,000/- as compensation and Rs.10,000/- as litigation cost within the aforesaid period of three months in default the entire amount shall carry interest @ 8% p.a till realization.
