Judgment : Dt.20.11.2017
Shri S. K. Verma, President.
This is a complaint made by one Sri Bipul Agarwal, son of Narendra Kumar Agarwal, residing at Flat No.2A, ‘Mani Vatika’, Kasba, Kolkata-700 042 against Smt. Chabi Ghosh, wife of late Krishna Chandra Ghosh, OP No.1, Smt. Piu Ghosh, d/o late Krishna Chandra Ghosh,OP No.2, Prithywiraj Ghosh, s/o late Krishna Chandra Ghosh, OP No.3, all are residing at 282A, Rashbehari Avenue, Kolkata-700 019, Namita Ghosh, wife of Swapan Ghosh, 198/1, Rashbehari Avenue, Kolkata-700 029, OP No.4, Krishnadhan Ghosh, son of Abinath Chandra Ghosh, 42/132/, New Ballygunge, Kolkata-700 039, OP No.5, Sandhya Rani Ghosh, wife of Manik Lal Ghosh, 82, Bosepukur Road, Kolkata-700 042, OP No.6, Chandra Kumar Ghosh, son of Manik Lal Ghosh, 32, Bosepukur Road, Kolkata-700 042, OP No.7, Apurba Kumar Ghosh, son of Manik Lal Ghosh, 32, Bosepukur Road, Kolkata-700 042, OP No.8, Samir Kumar Ghosh, son of Manik Lal Ghosh, OP No.9, Pintu Ghosh, son of Manik Lal Ghosh, all are residing at 32, Bosepukur Road, Kolkata-700 042, OP No.10, Smt. Jyotsna Ghosh, wife of Sanat Kumar Ghosh, vill- Ramchandrapur, P.O.-Narendrapur, P.O.-Sonarpur, Dist.-South 24-Parganas, OP No.11, Padmvati Ghosh, wife of Dipak Ghosh, 5/3, Gop Lane, P.S.-Entally, Kolkata-700 014, OP No.12, Kamala Ghosh, wife of Sunil Kumar Ghosh, 6/1, Ramchanratala Lane, P.S.-Lake, Kolkata-700 029, OP No.13, Lali Ghosh, wife of Sanjit Ghosh, 57, Bosepukur Road, P.S.-Kasba, Kolkata-700 042, OP No.14, Jharna Ghosh, wife of Babhu Ghosh, daughter of Manik Lal Ghosh, 42, Bosepukur Road, Kolkata-700 042, OP No.15, Swapana Ghosh, wife of Swapan Ghosh, Vill-Ghoshpara, Gove Khana, P.S.-Sonarpur, Dist.- South 24-Parganas, OP No.16, Shibani Ghosh, wife of Manik Chand Ghosh, 36C, Dharmatala Road, Kolkata-700 042, OP No.17, Gopal Chandra Ghosh, son of Kalipada Ghosh, 16/1, Rajdanga Road, Kolkata-700 078, OP No.18, Abode Promoters Pvt. Ltd., having its registered office at 2, Auckland Place, Kolkata, OP No.19 and Rajat Agarwalla, son of late N.K.Agarwalla, ‘Mani Vatika’, Flat 2A, 40/1, Dharmatala Road, Kolkata-700 042, Proforma OP No.20 praying for a direction upon the O.P. to execute and register the deed of conveyance in favour of the Complainant and pay damage to the tune of Rs.1,000/-.
Facts in brief are that OPs No.1 to 16 are owners of piece and parcel of land measuring about 1 bigha 5 cottahs 11 chittaks 11 sq.ft. situated at premises No.41, Bosepukur Road, Ward No.67 on 16.12.1998 a development agreement was entered between the owners and the developers, OPs, for constructing a multi storied flat. Complainant was looking for a suitable accommodation for himself and his family members. So, Complainant contacted with the developer, OP No.17 to purchase one flat an agreement for sale was entered by and between the Complainant and his brother Rajat Agarwal and OP No.1 to 3 their predecessor in interest and 4 to 16 the owners in respect of the flat being unit No.8A contained a built up area of 1143 sq.ft. on the 8th floor, together with a covered parking space for one medium size motor car in the ground floor lying at premises No.41, Bosepukur Road, Kasba. Total consideration money of the flat with the car parking was fixed at Rs.19,24,000/- and as per the terms of the agreement for sale dt.31.5.2005 a payment schedule was made. Complainant in terms of the payment schedule paid the entire consideration money and so was put into possession. Complainant after paying the entire consideration money requested the OP No.1 to 17 to make conveyance deed in his favour. But they neglected. Since the date of possession, Complainant made several requests and reminders, but of no use. Thereafter Complainant sent a notice through his Advocate on 30.1.2017 requesting them to make the conveyance deed. But, they did not make the deed. So, Complainant filed this case.
OPs after receiving notice did not appear to contest the case and so the case is heard ex-parte against.
Decision with reasons
Complainant filed affidavit-in-chief and brief notes of argument.
Main point for determination is whether Complainant is entitled to the reliefs as prayed for.
On perusal of the Xerox copies of documents filed, it appears that one development agreement has been filed. However, on scrutiny of the record, it appears that no agreement for sale is filed. Further, it appears that one letter dt.17.12.2007 is issued by Abode Promoters Pvt. Ltd. to Mr. Rajat/Bipul Agarwal. Now, this is Abode Promoters Pvt. Ltd. is OP No.19 and Bipul Agarwal is Complainant and Rajat Agarwal is Proforma OP. This letter reveals that OP No.19 issued a possession letter in favour of Rajat/Bipul Agarwal. However, this Forum is not in a position to peruse the agreement for sale of which the execution of deed has been sought for.
Accordingly, we are of the view that despite the fact that one letter of handing over possession is issued by OP No.19. Since there is no copy of agreement for sale is filed, this Forum cannot pass any order directing the OPs for registering the conveyance deed in favour of the Complainant.
Hence,
ordered
CC/159/2017 and the same is dismissed ex-parte.
