Mr. AYAN SINHA, MEMBER

          This is a complainant filed by Smt. Srikanta Das wife of Dr. Sanjay Das of 344/3/2, N.S.C.Bose Road, P.S. Netajinagar, Kolkata-700047 against (1) Samir Kumar Aditya  son of Late Bhupendra Nath Aditya of 182, Jessore Road, Amarpally Nager Bazar, Kolkata-700 074 (OP-1) and  (2) Smt. Archana Chakraborty wife of late Sudip Kumar Chakraborty, B-1, 43, Aza Appartment, New Delhi-110001 and also 30 CB, Shyama Parasad Mukjerjee Road, P.S. Tollygunge, Kolkata-700026 (OP-2) praying for a direction upon the OPs  to execute sale deed in favour of the Complainant within a short pace of time and if either OP does not appear or refuses to make the deed, it may be made through this Forum.

          Facts in brief are that Complainant in need of accommodation was looking for a flat for residential purpose. Complainant learnt that OP No.1 is constructing a building in premises No. 344/3/2, N.S.C. Bose Road., P.S.Netajinagar, Kolkata. Complaint met Opposite Party and entered into an agreement and also paid Rs.5,00,000/- through installments for purchasing a flat measuring 457 Sq. ft. on the ground floor. On 16/12/2002 OP No.1 handed over the possession of the flat to the Complainant. Complainant started pursuing the OPs to execute a registered deed of conveyance. But of no use. Thereafter, Complainant sent lawyer’s notice that OP did not make conveyance deed and so the Complainant filed this complaint.

          OP did not contest the case after filing the written version and so the case is heard ex-parte.

Decision with reasons

          Complainant filed the petition treating the complaint as affidavit-in-chief and the prayer was allowed.

          Main point for determination is whether the Complainant is entitled to the relief as prayed for.

          On perusal of the prayer portion it appears that Complainant has prayed for making the conveyance deed in his favour.

          In this regard on perusal of the schedule ‘B’ of the complaint petition it appears that Complainant has prayed for making conveyance deed of a commercial space on the ground floor measuring about 457 Sq. ft. super built-up area consisting of two office rooms, two toilets and the undivided proportionate share. Further it appears that there is no mention of registration of conveyance deed for a flat measuring about 457 Sq. ft. as mentioned in para-2 of the complaint petition.

          Since Complainant has herself stated that direction be given upon the OP to make conveyance deed of commercial space, we are of the view that it is not covered under C.P.Act. Furthermore Complainant took possession in December, 2002 and since then Complainant did not take any step for getting the registered deed made in her favour.

          No explanation is forthcoming as to why such a long delay of 15 years was made.

          In the aforesaid facts and circumstances, we are of the view that Complainant failed to prove the allegations and so she is not entitled to any relief as prayed for.

Hence,

O R D E R E D

          CC/80/2017 and the same is dismissed ex-parte.