This is a complaint made by Sri Uttam Ghosh son of Late Sachinandan Ghosh  of 122/2/2D, Monohar Pukur Road, P.O. Kalighat, P.S. Tollygunge, Kolkata- 700026 against Smt. Indira Mukherjee wife of Late Sachindra Nath Mukherjee , OP No.1, Sri Samir Kumar Mukherjee, OP No.2, Sri Swapan Kumar Mukherjee, OP No.3, Sri Shyamal Kumar Mukherjee, OP No.4, Sri Kamal Kumar Mukherjee, OP No.5 and Sri Dulal Kumar Mukherjee, OP No.6 all sons of Late Sachindra Nath Mukherjee of 15/1, Nandolal Mitra Lane, P.S. Regent Park, Kolkata-700040 and Sri Shib Shankar Guha son of Late Sunil Kumar Guha of 45, Regent Colony, P.S. Jadavpur, Kolkata-700040 praying for a direction upon the OPs to execute and register the Deed of Conveyance in respect of the suit flat in favour of the Complainant and also for delivery of khas possession and compensation to the tune of Rs.1,00,000/- and awarded of Rs.50,000/- as escalation of cost for registration and interest @ 18% per annum since 12/6/2012 and litigation cost of Rs.50,000/-.

            Facts, in brief, are that OP No.1 is wife of Late Sachindra Nath Mukherjee and OP No.2 to 6 are sons of Late Sachindra Nath Mukherjee. Government of West Bengal for rehabilitating the displaced person from East Pakistan executed the Deed of Gift 0n 3/12/1996 in favour of OPs No.1 to 6 and conferred possession to them. These OPs entered into development agreement in respect of the property for constructing a multi storied building of their gifted property with the developer OP No.7 Shib Shankar Guha. OP No.1 to 2 executed and registered a General Power of Attorney in favour of OP No.7. Complainant agreed to purchase a flat measuring about 170 Sq. ft. super built up area consisting of one bed room, one kitchen and one bath at a total consideration money of Rs.4,50,000/-. Since 12/6/2012 to 5/10/2014 Complainant on different dates paid Rs.3,45,000/- i.e. more than 70% of the total consideration money payable to the OP No.7.

            During the middle of 2014 when Complainant approached the OP No.7 and requested him to deliver the possession of the flat in question after receiving of Rs.1,05,000/- and executing the Deed of Conveyance  in his favour. OP No.7 assured that it will be done within a short period.

            In the middle of August, 2015 Complainant again requested OP No.7 to deliver the possession of the above flat and execute the Deed of Conveyance. This time OP No.7 gave a false assurance to the Complainant that it will be done within a fortnight. Complainant repeatedly requested to OP No.7 but he did not pay any heed to that.

            Complainant learnt that OP No.7 is trying to sale the flat on a higher price. So Complainant filed this case.

            On the basis of above facts complaint was admitted and notices were issued. OPs after receiving the notice did not contest the case. So the case is heard ex-parte.

            Decision with reasons

            Complainant has filed a petition praying for treating his complaint as affidavit-in-chief and the prayer was allowed. Complainant has also filed certain documents.

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

            On perusal of Xerox copy of the agreement for sale it appears that there took place an agreement for sale between Complainant and OP No.7 wherein OP No.7 agreed to sale a flat measuring about 170 Sq. ft. super built up area and the agreement was entered on 12/6/2012.On this agreement for sale OP No.1 to 6 have not put their signature.

            Since OPs did not contest the case it appears that the allegations made by Complainant on affidavit has to be accepted.

            Further, it appears that Complainant has filed Xerox copy of four receipts showing that he paid Rs.85,000/- to Tara Maa Construction, the proprietor of which is Shib Shankar Guha. Further it appears that Shib Shankar Guha received another Rs.2,50,000/- at the time of signing the agreement for sale. This makes it clear that Complainant paid Rs.3,35,000/- to OP No.7.

            Since the allegations mentioned in the complaint remain unrebutted and unchallenged, it is clear that Complainant is entitled to reliefs of possession and registration of the flat in his favour.

            Hence,

            O R D E R E D

            CC/164/2016 and the same is allowed ex-parte in part. OP No.1 is directed to deliver possession to the Complainant within three months of this order.

            Further, he has directed to make Conveyance Deed in favour of the Complainant.

            Further, OP No.1 is directed to pay compensation of Rs.20,000/- and litigation cost of Rs.10,000/- within this period.