Date of Filing : 16/03/2020

Date of Judgement : 01/11/2023

Sri Sudip Niyogi, Hon’ble President

                                                                  Brief Facts

The complainant had entered into an agreement with the OP on 1/7/2016 for purchasing one 33sq.ft. more or less flat situated on the ground floor at postal address 2/28 Ajadgarh Colony, Jadavpur, Kolkata 700 040 and KMC premises No. 26/105 Grahm Road, Ward No. 95, Kolkata 700 040 at a consideration of Rs.7,50,000/- to be paid as per payment schedule.  Accordingly, complainant paid the entire amount of consideration.   After completion one deed of conveyance was also executed and registered in favour of the complainant on 18/7/2017.  According to complainant, partial possession of the flat was delivered and he also got electric connection.  Now complainant filed this complaint praying for possession letter and completion certificate as they failed to deliver the same to him.  He also prayed for compensation and cost of litigation. 

OP, by filing  one written version, submitted that while admitting the agreement for sale and also the deed of conveyance having been executed in favour of the complainant, denied the allegation of non-submission of possession letter to the complainant.  He also prayed for dismissal of the instant complaint. 

So, the point for consideration is whether the complainant is entitled to any relief(s) in this case.

                                                                 FINDINGS

It is found that complainant filed his evidence and OP raised questionnaire which were duly replied by the complainant.  No affidavit of evidence, however, was filed on behalf of the OP.

Now, on consideration of the materials on record, it is found admitted that the complainant had entered into an agreement with the OP in respect of the said flat which was agreed to be purchased by the complainant.  Also it is admitted that in respect of the scheduled flat, the deed of conveyance was also executed in favour of the complainant.  But the complainant alleged that only partial possession of the flat was delivered.  In fact, we fail to understand as to what complainant wanted to mean by the term “delivery of partial possession of the flat”, rather we find it is admitted by him that he obtained electricity connection to his flat and he also produced one electric bill issued by the CESC. 

Apart from this, the OP claimed that possession letter was also delivered at the time of execution of the deed.  The copy of the deed of conveyance dt. 18/7/2016 clearly reveals that at the time of execution of the said deed, vendor delivered peaceful possession of the scheduled flat to the purchaser and the said fact is found to have been duly admitted by the complainant who signed the said deed.  Therefore, there is no question of issuing any further letter for issuing delivery of possession.

However, OP did not claim that any completion certificate in respect of the scheduled flat was obtained and given to the complainant.  So, complainant is entitled to such certificate and therefore the instant complaint should be allowed with a direction to supply the completion certificate of the scheduled flat.

Complainant is also entitled to litigation cost.

Hence, it is

                                     ORDERED

 That the instant case CC/120/2020 stands allowed on contest against the OP.

OP is directed to supply the completion certificate in respect of the said flat to the complainant within 30 days from the date of receipt thereof (if not already obtained from the concerned authority).

OP is also to pay litigation cost of Rs.3,000/- to the complainant within 30 days from the date of this order.

OP is directed to comply with this order within 30 days from the date of this order, failing which, the complainant shall be at liberty to proceed in accordance with law.

Dictated and corrected by me

President