Date of Filing : 15/09/2021
Date of Judgement : 16/10/2023
Sri Sudip Niyogi, Hon’ble President
Brief Facts
Both the complainants entered into an Agreement for Sale for with the OPs on 16/10/2003 in order to buy one self-contained third floor flat measuring more or less 1270 sq.ft. super built up area to be erected on the third floor of the proposed building at premises No. 7, Tollygunge Circular Road, Kolkata 700 053 at a consideration of Rs.13,97,000/- payable as per terms and conditions as made in the agreement. Accordingly, complainants made the entire payment of consideration by way of issuing cheques on different dates. After completion of the construction, the possession of their flat was also delivered to them on 17/11/2003, but no completion certificate was given nor any deed of conveyance was executed and registered in their favour. The complainants who filed the instant complaint through their constituted attorney prayed for relief in the form of a direction upon the OP to execute and register the deed of conveyance in their names in respect of the said flat and handover the completion certificate, also to pay compensation and cost of litigation.
OP, who is the developer, did not appear to contest the case. So, it was heard exparte against them.
So, the point of consideration is whether the complainants are entitled to the relief(s) as prayed for.
Findings
Annapurna Banerjee, the constituted attorney of the complainants filed her evidence-in-chief on affidavit and also produced original power of attorney in her favour by the complainants. She also filed the documents namely – copy of Agreement for Sale dt. 16/10/2003 as Annexure `A’, certificate of delivery of possession dt. 17/11/2003 as Annexure `B’ alongwith a schedule of the flat. Also produced are the copies of the money receipts issued on several dates showing payment of the entire consideration to the OP developer. Written argument on behalf of the complainant was also filed. She also filed one Advocate’s letter addressing the OP for execution and registration of the deed of conveyance.
From the documents alongwith the evidence of the complainant, it is found that complainants entered into an Agreement for Sale with the OP on 16/10/2003 for purchasing the scheduled flat at a consideration of Rs.13,97,000/-. The money receipts produced on behalf of the complainant also revealed, as stated above, that the entire consideration was paid. Apart from that, it is found that on 17/11/2023 possession of the said flat was also delivered to the complainants. Annexure `B’ is the possession letter issued on behalf of the OP developer giving the particulars in details about the flat being delivered to the complainants. In the circumstances, the only things which is required by the complainants are the execution and registration of the deed in respect of the flat and supply of completion certificate which according to complainant are not being done by the OP and that is why they filed this complaint before this commission.
Having gone through the entire materials on record, it is found that the complainants are entitled to relief for getting a deed of conveyance, executed and registered in their favour and also the completion certificate. This apart, the complainants are also entitled to Rs.6,000/- towards cost of litigation.
Accordingly, it is
ORDERED
That the instant complaint being No. CC/445/2021 stands allowed exparte against the OP.
OP is directed to execute and register the deed of sale in favour of the complainants in respect of the scheduled flat in accordance with the agreement dt. 16/10/2003.
OP to supply the completion certificate copy thereof to the complainants.
OP is also directed to pay cost of litigation of Rs.6,000/-. The aforesaid order shall be complied by the OP within 30 days from the date of this order, failing which, the complainant shall be at liberty to proceed in accordance with law.
Dictated and corrected by me
President
