Complainant Sanat Kumar Das by filing this complaint has submitted that op no.1 himself as a Developer and he is the sole proprietor of Sree Krishna Construction of 20, Harey Krishna Sett Lane, P.S.- Sinthee, Kolkata – 700050 and he entered into a Development Agreement with the other owners of the land and other ops vide Development Agreement dated 31.07.1998 and also got General Power of Attorney dated 15.09.2011.  In terms of the said Development Agreement, op no.1 was duly authorized to enter into an agreement for sale to receive money and to sell and to book the flats, shops, garages etc. in the proposed building to the third party on the strength of the said Development Agreement and Power of Attorney.  Complainant with an intention to purchase two garages on the ground floor of the said premises being No. 18/1, Harey Krishna Sett Lane, Kolkata – 700050, P.S.- Sinthee entered into an agreement with the op no.1 in the year 1998 and op received Rs. 2,40,000/- from the complainant on different dates as sale price towards the said two garages and op no.1 delivered exclusively physical possession of the two garages to the complainant on 18.04.2001 and possession letter was issued by the op to the complainant to that effect and since then complainant had been exclusively possessing and enjoying those two garages on the ground floor of the said building.  Thereafter op has not been executing any registered sale deed or deed of conveyance in favour of the complainant. Though complainant made repeated demands for executing Sale Deed in respect of the said two garages and in the above circumstances, complainant has prayed for redressal and for compensation etc. against the op no.1.

          On the other hand op no.1 by filing written statement submitted that possession of the garages was delivered to the complainant on 18.04.2001 but complainant has lodged the complaint in the year 2014 after lapse of 13 years and same cannot be adjudicated by this Forum and complainant has filed this complaint with some motive and practically complainant was silent for a pretty long time as he was suffering from paucity of fund to register the sale deed and it is for the fault of the complainant and it was lying in a stale mate condition and now he is putting the blame on the op no.1.

          But op no.1 has submitted that op always was ready to execute the Sale Deed, but complainant did not ready for taking it for which there is no laches on the part of the op and in the above circumstances, complaint should be dismissed.

                                                        Decision with reasons

          On proper considering of the complaint and written version and also considering the argument as advanced by the both parties and further considering the written version of the op no.1, it is clear that op no.1 is always ready to execute the Sale Deed.  Truth is that possession of the garages was delivered on 18.04.2010 and complainant received the entire amount of Rs. 2,40,000/- and since then complainant did not appear before this Forum for making any allegation about non-execution of the Sale Deed and fact remains that complainant appeared before this Forum on 20.10.2014 that is long after 13 years from the date of taking possession.  But as per law till execution of the final deed of sale or Deed of Conveyance, the obligation lies with the op the Developer to execute the Sale Deed and that is the principle of law.  So, the complaint is not barred by limitation.  But we have gathered that fault was on the part of the complainant and it was his duty to prepare deed for execution but that has not been done.  Whatever it may be op has admitted that he is willing to execute the Sale Deed.  So, in the above situation we can direct the op to execute the sale deed in favour of the complainant.

          But fact remains that op executed the Sale Deed in respect of that other flat owners and garages owners except this complainant that means complainant was at fault.

          In the result, no doubt complainant is entitled to get a relief for getting a registered Sale Deed in respect of the said two garages as per possession letter certificate issued by the op no.1.  But considering the conduct of the complainant in this regard, complainant is not entitled to get any compensation against op no.1 or other ops.

          Hence, it is

                                                              ORDERED

          That the complaint be and the same is allowed on contest against the ops without any cost.

          Ops are directed to execute Sale Deed in respect of the two garages as per possession letter issued in favour of the complainant and it must be made within one month from the date of this order and invariably complainant shall have to send one copy of draft of Deed of Conveyance to the op no.1 for approval and thereafter as per said approval the complainant shall have to prepare himself for registration of the same and ops shall have to execute the same within two months.  If ops are unwilling to execute the same, in that case, complainant shall have the liberty to file an execution case for execution of this order and if it is found that op no.1 is unwilling to execute the same, in that case, op no.1 shall have to pay the service charges and other charges to the extent of Rs. 50,000/- to this Forum for execution of the Sale Deed by this Forum in favour of the complainant and also for violation of the Forum’s order, op no.1 shall have to pay penal damages of Rs. 20,000/- to this Forum.

          Ops are directed to comply the order within two months and complainant to take such step for preparation of Sale Deed etc. and registration and report to ops and if complainant fails to get registered Sale Deed, in that case, complainant shall have to file execution case before this Forum.

          If op no.1 fails to comply this order within stipulated period, in that case, penal action shall be started against the op no.1 and further penalty and fine shall be imposed against him.