The Ld. Counsel for the complainant is present who has filed the track reports fromwhere it is evident that all the OPs have received the notices along with copy of the MA.
But the OPs chose not to appear before this Ld. Commission to contest the MA either orally or by filing W/O.
We take up the MA/34/2021 for hearing and its disposal.
This order is arising out of the MA/34/2021 filed by the complainant praying for restraining order against the OPs, so that the OPs cannot alienate or transfer the concerned flat to any third party.
Upon considering the record it is seen by us that the consideration amount of the questioned flat was scheduled for Rs. 20,00,000/-, out of which the complainant paid a sum of Rs. 10,50,000/- to the OPs for purchasing the concerned flat. As the OPs did not hand over the questioned flat to the complainant, hence being compelled the complainant has approached before this Ld. Commission by filing this complaint praying for direction upon the OPs to execute the sale deed in her favour in respect of the flat along with cost and compensation.
In our opinion that as the complainant has already paid more than 50% of the consideration amount of the flat and in the meantime if the OPs will transfer or alienate the concerned flat to any third party, then the petition of the complaint will be infructuous and the interest of the complainant will be vitiated.
Therefore, considering all the aspects in our view the prayer as made out by the complainant in the MA/34/2021 should be allowed.
Hence, it is ordered that the MA being no. 34/2021 is hereby allowed exparte against the OPs.
Since receipt of the notices till date OPs did not turn up to contest the complaint either orally or by filing W/V and in the meantime the statutory period for filing W/V has already been over.
The complaint will run exparte against all the OPs.
04.03.2022 is fixed for adducing evidence by the complainant.
Later,
We have noticed that the Hon’ble Supreme Court has been pleased to extend the limitation period from 15.03.2020 to 28.02.2022. Having regard to the said order passed by the Hon’ble Apex Court we cannot pass the order that the instant complaint will run exparte, rather the OPs be given the opportunity to file their respective W/V.
Let plain copy be given to the parties free of cost as per CPR.
Dictated and corrected by
[HON'BLE MRS. Silpi Majumder]
MEMBER
