Present : Sri A.K. Das, President
Sri L.K. Banerjee, Member
Smt. J. Saha, Member
Order no. 9 dt. 02.04.2008
The complaint has been filed by the petitioner for a direction upon the o.p. Manik Das developer / promoter of the disputed property to complete the execution of deed of conveyance on the following back drop.
There was an agreement by and between the petitioner and the o.p. dt.1.8.01 whereby the o.p. agreed to sell the schedule property to the petitioner on payment of full consideration money of Rs.1,30,000/-. The petitioner paid the entire consideration money but for he reasons best known to the o.p. he failed and neglected to execute the deed of conveyance in favour of the petitioner although he paid entire consideration money for the schedule property. Hence the petitioner moved this forum for relief.
Notice of the consumer complaint has been duly served upon the o.p. but he did not turn up nor he failed any w/v challenging the contention of the petitioner.
The petitioner has filed an affidavit corroborating his statement made in the petitioner of complaint. It is evident from the agreement annexed with the petition and receipts showing payment to the o.p. that the petitioner paid entire consideration money for the schedule property i.e. garage but o.p. did not execute the deed of conveyance in favour of the petitioner. The contention of the petitioner is unchallenged nor there is any material on record contrary to the contention of the petitioner. Thereby the petitioner is entitled to relief as prayed for. Accordingly, the consumer complaint succeeds and it is awarded in the following terms.
The o.p. is directed to execute the deed of conveyance with regard to the schedule property of the complaint within a period of two months from date, failing o.p. shall be liable to pay Rs.50/- only per day as compensation / cost till execution of the deed of conveyance. Complainant is directed to bear the cost of registration of the deed.
Let copy of this order be supplied to the parties free of cost.
