1. The OPs being the developers developed a plot being No. 411, under R.S. Khatian No. 10, Mahishbathan Mouza under Ward No. 28 of Bidhannagar Municipal Corporation. The area of the plot was about 3 Cottahs 12 Chittacks. The OP wanted to dispose of the plot and the complainant being in need of a piece of land for residential purpose approached the developers and entered into an agreement with them on 23.06.2017 for purchasing the same at Rs. 45,00,000/- and the said amount was paid by the complainant on 23.06.2017. Possession was also handed over. It was agreed by and in between them that within 36 months from the date of agreement the plot would be transferred to the complainant under a registered sale deed. After expiry of the aforesaid 6 months the plot was not transferred. The complainant sent letter on 31.03.2021 requesting the Ops for execution and registration of sale deed. But the Ops paid no heeds to such request for which the complainant filed CC/333/2021 which was subsequently withdrawn by the complainant on 16.11.2021 with liberty to sue afresh. On 18.11.2021 this case was filed by the complainant seeking direction to the OPs for execution and registration of the sale deed and also for compensation of Rs. 50000/- and litigation cost of Rs. 5,000/-.

2. The Ops did not enter appearance in spite of having receipt notice about the initiation of this case as against them and this is why the case has been heard ex-parte.

3. In support of this case the complainant has filed evidence on affidavit, copy of agreement dated 23.06.2017, money receipts granted by the Ops in respect to Rs. 40,00,000/-, the copy of sale deed from which the Ops got the plot in question from the erstwhile owner and BNA. Needless to say that all those documents have gone unchallenged. It goes without saying that the unchallenged documents can be relied upon to arrive at a finding in favour of the party producing those documents.

4. From the copy of sale deed dated 03.10.2008 it appears that the plot in question was acquired by the Ops from the erstwhile owners namely Ajay Mitra and Debasish Ghosh under a registered sale deed on 03.10.2008 and the copy of agreement to which the complainant was a party reveals that the Ops agreed to sell the said plot to the complainant for a sum of Rs. 45,00,000/-. It further reveals from the material on record that Rs. 45,00,000/- was paid by the complainant to the Ops in March, 2017. That means in spite of having received the total consideration for the plot the Ops neglected to execute and register sale deed in respect to the plot in question. It is evident from the material on record that after the purchasing the said plot the developers carried out development work by filling earth etc. before they went in for sale of the plot to the complainant. The complainant who has paid the price of the plot in question is entitled to get a registered sale deed in respect thereto. The Ops who have neglected to execute and register sale deed should be put under order to execute and register a sale deed. Since the complainant has sought for a compensation for Rs. 50,000/- and litigation cost of Rs. 5,000/- I find reason to say that there should be an order for payment of Rs. 50,000/- as compensation and Rs. 5,000/- as litigation cost.

5. The case is disposed of with the following direction :-

1. The Ops will execute and register a sale deed in respect to 3 Cottahs 12 Chittacks situated in Mahishbathan Mouza an appertaining to plot No. 411, R.S. Khatian No. 10, under Ward No. 28 of Bidhannagar Municipal Corporation in favour of the complainant within a period of 45 days hence.
2. The Ops will pay of Rs. 50,000/- as compensation and Rs. 5,000/- as litigation cost totaling Rs. 55,000/- within 45 days hence, failing which the amount will accrue interest @12% per annum.

Let a plain copy be given to the parties free of cost as per CPR.

Dictated and corrected by

[HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT