Dated : 20 July, 2022

Final Order / Judgement

MRS. MANJUSRI SARKAR CHOWDHURY,  MEMBER

FACTS IN BRIEF

The case of the complainants, in short, is that he had booked one flat being Apartment: 2A-1, 2^nd Floor, Tower- 32, Project Name- Hiland Greens and Booking No. HGIIBOOK/2524/13-14 for which one allotment letter was issued by the OP on 01/03/2014 in their favour. The complainants paid consideration money to the OP by way of installment which was duly acknowledged. They also paid on 07/08/2018, following the demand of the OP, the amount for stamp duty, registration fees, corpus deposits and legal expenses for the purpose of registration of the flat and they were assured that the flat would be registered within 15 days. Thereafter, on 11/08/2018 they got the possession of the said flat on payment of the entire consideration price for which letter of possession dated 11/08/2018 was issued. But since then it is alleged, the OP failed to register the flat in their favour despite verbal assurances made on several times. Complainants also issued a legal notice for registration of the flat through their Ld. Advocate to the OP. But the OP failed to comply with the request.

               Now, the complainants by filing the complaint before this Commission prayed for several reliefs namely, registration of the flat in their favour, alternatively a direction for refund of the value of the flat, litigation cost etc.

            OP did not contest this case on receipt of the notice. So, the case was heard ex parte against the OP.

            During hearing the complainants filed evidence on affidavit, money receipts showing payment of consideration price and other expenses to the OP, the allotment letter issued in favour of the complainants and other related documents namely, applicant ledger in respect of the said flat.

            Now the point for consideration is whether the complainants are entitled to the relief (s) as prayed for.

DECISISONS WITH REASONS

We have carefully gone through the petition of complaint, the evidence of the complainants, the documents namely, allotment letter, ledger account and also the money receipts. All these documents made it clear that the complainants were allotted Flat No. 2A-1 on the 2^nd Floor, Tower-32 at Hiland Greens vide letter of allotment which was issued on 01/03/2014 in the name of both the complainants who happened to be husband and wife. The receipt voucher revealed complainants paid the entire consideration price by making payment on different dates. This way complainants paid Rs.21,09,727/- in total to the OP which were duly acknowledged.

            Admittedly, the complainants got delivery of possession of the said flat but the registration and execution of deed of conveyance is yet to be done.  Complainants got the possession on 11/08/2018 as admitted by them and since then despite several assurances given by the OP, the execution and registration of document is still pending. Therefore, complainants have genuine ground to feel aggrieved and that is why, they are entitled to the relief (s) as prayed for.

            Complainants are found to have prayed for a direction for registration of the document in respect of the said flat or in the alternative refund of the value of the flat along with compensation etc. In the present circumstances, as the complainants have got the possession of the flat so, it would be appropriate for issuing a direction upon the OP to execute the deed of conveyance in favour of the complainants. Complainants are also entitled to cost of litigation.

Therefore,                        it     is

ORDERED

That the instant case be and the same is allowed ex parte.

OP is directed to execute the deed of conveyance in favour of the complainants in respect of the flat namely, 2A-1 on the 2^nd Floor, Tower-32 at Hiland Greens within 30 days from the date of this order failing which the complainant would be at liberty to execute the decree in accordance with law.

This apart, OP to pay the Rs.10,000/- (Rupees Ten Thousand Only) to the complainants as cost of litigation.

Dictated and corrected by me.