Judgment : Dt.9.3.2017

            This is a complaint made by (1) Yendrembam Radhakishore Singh and (2) Chongtham Medha Devi, wife of Complainant No.1, residing at 15A/15, Santoshpur East Road, Kolkata-700 075, P.S.- formerly Purba Jadavpur at present Survey Park, permanent resident of Haobam Marak Chingtham Leikai, Imphal-795 001 (Manipur) against (1) Smt. Jharna Ghosh, wife of Asit Kumar Ghosh, 15, Santoshpur East Road, Kolkata-700 075, P.S.- Purba Jadavpur at present Survey Park, Dist.-South 24-Parganas, OP No.1 and (2) M/s Maya Con., a proprietorship firm, having its office at 2/21, Vivek Nagar, Kolkata-700 075, P.S.- Purba Jadavpur, OP No.2, praying for execution and registration of deed of sale in favour of Complainants of the flat mentioned in schedule B of the complaint and for compensation of Rs.2,00,000/- and litigation cost of Rs.50,000/-.

            Facts in brief are that Complainants on 15.5.2002 entered into an agreement for sale with OP for purchasing a flat measuring about 685 sq.ft. at a total consideration of Rs.5,15,000/- out of developer’s allocation. OP No.1 is land-owner & OP No.2 is developer.

            In terms of the agreement for sale, Complainant paid entire consideration money to OP No.2 and OP No.2 delivered possession on 30.7.2002.

            Complainant on several occasions requested OPs to execute and register deed of sale. OPs assured Complainant to do so but they did not make conveyance deed. So, Complainant sent a legal notice on 15.2.2016, but, despite that OPs did not make conveyance deed. So, Complainant filed this case.

            OP No.2 filed written version and denied the allegation of complaint. Further, OP has stated that she was always ready and willing to execute the deed of conveyance but due to non-cooperation of owner it could not be done. So, this OP has stated that this complaint case be disposed on consent.

Decision with reasons

            Complainant filed a petition for treating the complaint as affidavit-in-chief, but to that OP did not file questionnaire and left taking step.

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

            On perusal of prayer portion, it appears that the Complainant has prayed for an order directing the OP to execute and register the deed of sale in favour of the Complainant.

            OPs have made it clear in written version that they are ready and willing to make register deed. As such, we find that there is no dispute in this regard.

            Complainant have prayed for compensation of Rs.2,00,000/- and litigation cost of Rs.50,000/-. In our view, those are not justified because the Complainant has approached the Forum at a belated stage and did not remain alert in exercising their right.

            Hence,

ordered

            CC/469/2016 is allowed in part on contest. OPs are directed to make conveyance deed in favour of Complainant within six months of this order.