MRS. MANJUSRI SARKAR CHOWDHURY, MEMBER The fact of the case in short is that OP No.3 to 5 as land owner had executed an agreement with the developer Bappa Roy Chowdhury since deceased who was the husband and father of OP No.1 & 2 on 11.12.2009 for construction of a G + 3 storied building on the land of the said premises No.65/1/1B, Bose Pukur Road, within Ward No.91, Police Station – Kasba, Kolkata – 700042. One General Power of Attorney was also executed and registered by them in favour of the developer on that date. Thereafter, an agreement for sale was made between the complainant and the said developer Bappa Roy Chowdhury on 20.11.20216, by which complainant agreed to purchase one self-contained flat as mentioned in schedule ‘B’ of the complaint. Complainant has paid full consideration of Rs.6,00,000/- (Rupees six lakh only) and showing the receipt on that effect. The OP No.1 & 2 delivered the possession of the said flat. But, on repeated request of the complainant, the Opposite Parties avoided execution and registration of deed in respect of the said flat in favour of the complainant. He also issued a legal notice for registration of the flat through their Ld. Advocate to the OPs. But Ops failed to comply with their request. Therefore, the complainant being compelled approached the Commission with a prayer for execution and registration of a deed of conveyance in respect of scheduled mentioned flat to the complainant and also prayed for compensation. Be it noted here complainant filed this case through his constituted attorney. Having received the notice of the complainant, Ops did not contest this case. So, the case was heard ex parte against them. POINTS FOR CONSIDERATION - Whether the complainant is entitled to relief (s) as prayed for.
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Complainant filing evidence on his behalf and also filed original agreement for sale, along with memo of consideration. We have gone through the materials on record and heard the arguments made on behalf of the complainant. From all these, we find that the complainant has paid the total amount of consideration of Rs.6,00,000/- (Rupees six lakh only) to the said developer, which was duly acknowledged. Admittedly, the complainant got delivery of possession of the said flat but the registration and execution of deed of conveyance is yet to be done. Complainant sent advocate’s letter to the OPs to execute and register the necessary deed of conveyance in his favour. But that was not done. So, complainant is entitled to the relief in this case. Complainant is also entitled to cost of litigation. Accordingly it is, - ORDERED
That the instant complaint be and the same is allowed ex parte against OPs. The OPs are directed to execute the deed of conveyance in respect of the flat as mentioned in schedule ‘B’ to the complaint in favour of the complainant within 45 days from the date of this order, failing which complainant shall be at liberty to execute this order in accordance with law. This apart, OPs are directed to pay litigation cost of Rs.2000/- (Rupees Two Thousand Only) to the complainant within the aforesaid period. Dictated and corrected by me. | 
