Date of filing : 6.7.2018

Judgment : Dt.12.7.2019

Mrs. Sashi Kala Basu, Hon’ble President

            This petition of complaint is filed under section 12 of C.P.Act, 1986 by Smt. Manasree Das alleging deficiency in service on the part of the opposite parties (referred as OP hereinafter) namely (1) Partha Roy Chowdhury and (2) Smt. Bulu Bhattacharjee.

            The Case of the Complainant, in short, is that the mother of the OP No.1 was the absolute owner of the land and property measuring more or less 2 cottah 3 chittacks known as A/7/1, Poddar Nagar Colony No.2, P.S.-Jadavpur, Kolkata-700 032. OP No.2 is the developer. A development agreement was executed between Kamala Roy Choudhury (the mother of the OP No.1) and OP No.2 on 1.7.2003. Thereafter, OP No.2 by an agreement dt.22.4.2004 agreed to sale one self-contained flat described in the schedule B of the agreement to the Complainant at a total consideration price of Rs.3,00,000/-. Complainant has paid the entire amount of consideration and possession of the flat has also been handed over to the Complainant. But, in spite of repeated requests, the deed of conveyance has not been executed and registered in favour of the Complainant. The original owner namely Kamala Roy Choudhury died in the year 2013 leaving behind OP No.1 as her only legal heir. A notice was also sent by the Complainant through his Ld. Advocate, to the OPs on 29.5.2018 for execution and registration of the deed of conveyance but all in vain. So, the present complaint has been filed by the Complainant praying for directing the OPs to execute and register the deed of conveyance  in favour of the Complainant in respect of the flat, to pay a sums of Rs.2,00,000/- towards the cost of delay in execution and registration of deed of conveyance, to pay compensation of Rs.1,00,000/- and litigation cost of Rs.50,000/-.

            Complainant has annexed with the complaint petition, joint venture agreement entered into between the owner Kamala Roy Choudhury and the OP No.2 for development, copy of the agreement entered into between the Complainant and OP No.2 dt.22.4.2004, possession letter and the copy of the notice dt.25.9.2018 sent to the OPs.

            On perusal of the record, it appears that in spite of service of notice none of the OPs took any step and thus, vide order dt.11.3.2019, the case was directed to be proceeded ex-parte against OPs.

            So, the point requires determination is whether the Complainant is entitled to the relief as prayed for.

Decision with reasons

On perusal of the joint venture agreement dt.1.7.2003, it appears that the owner namely Kamala Roy Choudhury (since deceased) and OP No.2 agreed for development of the land and property described in the schedule of the said agreement. OP No.1 is the son of said owner Kamala Roy Choudhury and became owner after her death. Consequent to the said joint venture agreement, OP No.2 the developer entered into the agreement with the Complainant on 22.4.2004 to sell the flat as described in schedule B of the agreement at a consideration price of Rs.3,00,000/-.

It is the specific case of the Complainant that the entire consideration price has been paid by the Complainant to the OP. The Complainant has filed possession certificate issued by OP No.2 on 5.4.2005, wherefrom it appears that OP No.2 has acknowledged receiving of the entire consideration price from the Complainant and thus possession was handed over to the Complainant. If that be so, then as apparently the deed of conveyance has not been executed in favour of the Complainant in respect of the flat as agreed in the agreement, Complainant is entitled to execution and registration of the deed in her favour. She is also entitled to an amount of Rs.40,000/- as compensation, as even though possession was handed over to her in the year 2005, but the OPs did not take any step for registration of the deed of conveyance, for which the Complainant will have to bear the registration cost as per present market value. But since compensation is already allowed, we find no justification to allow cost towards registration as prayed. However, she is entitled to the litigation cost as she has been compelled to file this case.

Hence

                                  ordered

CC/411/2018 is allowed ex-parte. OPs are hereby directed to execute and register the deed of conveyance in favour of the Complainant in respect of the flat as agreed in the agreement dt.22.4.2004 within three months from the date of this order. OPs are further directed to pay compensation of Rs.40,000/- and Rs.10,000/- as litigation cost within the aforesaid period of three months, failing which the amount shall carry interest @ 10% p.a. till realization.