J U D G E M E N T

              Filtering out the unnecessary details in the complaint, the complainant’s case may be summarized thus :-

              In concise, the case stated in the complaint, is that, the Complainant entered into an ‘Agreement for Sale’ on 06.11.2007, with the Opposite Parties for purchasing a self contained residential flat, specifically described in the ‘Schedule’ of the complaint, at a total consideration of Rs. 7,50,000/- only. The Complainant claimed to have paid Rs. 5,75,000/- only, on different dates, to the Opposite Parties and always ready and willing to pay the rest. But the Opposite Parties never intended to receive the balance consideration amount and to deliver the actual vacant possession of the said flat to the Complainant and also never executed and registered the Sale Deed in respect of the said flat in favour of the Complainant, in spite of several requests made by the Complainant.

              Ultimately, the Complainant sent a legal notice to the Opposite Parties on 25.11.2013 requesting for necessary step for doing the execution and registration of the Deed of Conveyance in respect of the said flat in favour of the Complainant, but of no response, what amounts to deficiency and negligent manner of service on the part of the Opposite Parties and by such indifferent attitude of the Opposite Parties caused mental agony and harassment to the Complainant for which he asked for compensation along with redressal as prayed for.

              Despite proper service of the notice to the Opposite Party, the concerned Opposite Parties never appeared before the Forum to contest the case nor he had filed any ‘Written Version’ on his behalf or through any Ld. Advocate/Representative. Thus the Opposite Party has relinquished his scope to refute the case. So, the instant case has been heard ex-parte against the Opposite Parties.

                                           Points for Determination

              The point for determination in the instant case is whether the complainant is entitled to get the relief as prayed for, in the facts and circumstances of the case and in view of the material evidences on record.

                                              Decision with Reasons

              In order to prove his allegation set forth in the complaint, the Complainant deposed in this case as sole witness by way of affidavit and also produced some documents in support of his case.

               The main allegation of the Complainant is that in spite of making the payment of major part of consideration amount and readiness to pay the rest, the Opposite Parties never executed and registered the Deed of Conveyance and also did never hand over the possession of the said flat to the Complainant.

              On overall evaluation of the argument by the Ld. Advocate of the Complainant and on critical appreciation of the material on record, it is evident that an Agreement for Sale was executed by and between the Complainant and the Opposite Parties on 06.11.2007.

               The record reveals from the photocopies of the documents filed by the Complainant that the Complainant had paid the major part of consideration money of Rs. 5,75,000/- only out of the total consideration amount of Rs. 7,50,000/- only as per the said ‘Agreement’. Moreover, the Complainant specifically expressed his readiness and willingness to pay the rest amount of consideration money but the Opposite Parties were reluctant to receive the same and do the necessary step to transfer the said flat, which is revealed from the record.

              Manifestly, it is revealed from the record that the Complainant issued the legal notice on 25.11.2013 to the Opposite Parties requesting them to do the execution and registration of the Deed of Conveyance in respect of the said flat in favour of the Complainant, but the Opposite Parties just avoided the Complainant and never bothered to reply the same.

             Thus, it is obligatory on the part of the Opposite Parties to deliver the possession of the said flat and to execute and register the deed of conveyance on receipt of balance consideration amount.

             Moreover, all the allegations made by the Complainant are unchallenged, though the Opposite Parties got enough chance to contest the case and to refute it by appearing before the Forum. Therefore, there are no reasons to disbelieve the unchallenged testimony of the bonafide Consumer/Complainant.

              Therefore, in light of the above analysis, we are inclined to hold that the Complainant has successfully proved his case and is entitled to get the relief as prayed for and consequently the points for determination are decided in affirmative.

             In short, the Complainant deserves success.

                 In the result, we proceed to pass

                                                                                                      O R D E R

              That the case be and the same is allowed ex-parte against the both Opposite Parties with cost of Rs. 5,000/- only payable by both the Opposite Parties jointly and severally within one month from the date of this ‘Order’.

              That the Complainant is directed to deposit the balance consideration amount of Rs. 1,75,000/- only, to the head of the ‘President’, DCDRF, Dist. Hoogly at Chinsurah, within one month from the date of this ‘Order’ which shall be disbursed to the Opposite Parties after delivery of the actual possession and the execution and registration of the said Deed of Conveyance in respect of the said flat in favour of the Complainant.

             That both the Opposite Parties are jointly and severally directed to hand over the actual vacant possession of the said flat to the Complainant within one month and fifteen days from the date of this ‘Order’.

              That both the Opposite Parties are jointly and severally be directed to execute and register the Deed of Conveyance in respect of the said flat in favour of the Complainant within one month and fifteen days from the date of this ‘Order’.

             That both the Opposite Parties jointly and severally are further be directed to pay a sum of Rs. 20,000/- only, to the Complainant, as compensation for harassment and mental agony within one month from the date of this ‘Order’.

              In the event of non compliance of any portion of the ‘Order’ by the Opposite Parties within a period of one month from the date of this order, the defaulting Opposite Party/s shall have to pay a sum of Rs. 200/- per day, from the date of this order till the full realization of this ‘Order’, and such amount shall be paid and deposited by such Opposite Party/s to the State Consumer Welfare Fund.

             Let copies of the order be supplied to the parties free of cost when applied for.