This is a complaint made by Sri Lakhan Rajak of 124, Kalighat Road, Kolkata-700 026 against (1)Smt. Suvra Dutta, wife of Sri Gautam Dutta, OP No.1 and (2) Sri Gautam Kumar Dutta, son of Sri Baidyanath Dutta, OP No.2, both residing at 40, Sadananda Road, Kolkata-700 026, P.S.-Kalighat and also of New Jagannath Jewellery, 114/B, Ashutosh Mukherjee Road, Kolkata-700 025, praying for a direction upon the OP to handover the bathroom and privy to the Complainant as per agreement and to execute and register the conveyance deed in respect of the residential space/flat in favour of the Complainant and compensation of Rs.2,00,000/- and litigation cost of Rs.50,000/-

            Facts in brief are that OPs are the owners of the plot lying at 1/1, Jadu Bhattacharjee Lane, Kolkata-700 026, they constructed a building G+3 after demolishing old structure after obtaining building sanction plan from K.M.C.

            The Complainant with the intention to purchase a flat approached the OPs who agreed to sale the flat on the ground floor and entered into an agreement on 4.1.2008. In terms of the agreement the purchase price was Rs.2,05,000/-, Complainant paid Rs.1,62,540/- at the time of signing of the agreement and the balance was paid thereafter. OPs were desirous to sell a flat measuring 151 sq.ft. more or less covered space comprising of one bed room, one bathroom with a privy.

            OPs handed over the room to the complainant but the possession of the bathroom and the privy was not handed over. OPs are duty bound to execute and register the deed of conveyance. So, the Complainant filed this case.

            On the basis of above facts, notices were issued. But OPs did not appear to contest the case. So, the case was heard ex-parte.

Decision with reasons

            Complainant filed affidavit-in-chief wherein he has reiterated the facts mentioned in the complaint.

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

            First prayer of Complainant is to make a direction upon the OPs for execution and registration of a conveyance deed in respect of the residential space/flat. In this regard, it appears that still Complainant is not clear as to whether he entered into agreement for purchasing a flat or space mentioned in the schedule. In the Xerox copy of the agreement of sale reveals that it is a covered space comprises of one bed room one bathroom with privy on the ground floor of the premises No.1/1, Jadu Bhattacharjee Lane, P.S.-Kalighat. Further, a map annexed to the agreement with this reveals that there is no existence for bed room or bath room. This ground floor space contains one electric meter and pump room and toilet. This makes it clear that the schedule of the property mentioned in the agreement seems vague. Complainant has not prayed for refund of the money which he paid and of which receipt is filed. As such, we are of the view that Complainant files this complaint having vague specification of the property which cannot be allowed. In the circumstances, it is clear that Complainant failed to prove the allegation made out in the complaint.

            Hence,

ordered

            CC/300/2016 is dismissed ex-parte.