HON’BLE SUDIP NIYOGI PRESIDENT FACTS The case of the Complainants may be briefly stated as follows:- Complainants had entered into an agreement for sale with the opposite party on 11.03.2022 for purchasing a flat, the description of which has been given in the schedule to the petition of complaint, at a consideration of Rs.8,50,000/-. The Opposite Party, who is a developer, had entered into a joint venture agreement with one Sri Birendra Nath Maulik and four(4) others, who were the owners of the said premises, in order to construct a G + 4 storied building for which the said land-owners executed a power of attorney in favour of the opposite party/developer. Complainants already paid the entire consideration of the said flat and the developer also delivered peaceful vacant possession in their favour. It is alleged that after having got the possession of the said flat, the Complainants on repeated occasions requested the Opposite Party to execute and register a deed of conveyance in respect of their said flat. They even sent a notice through their lawyer, requesting the OP to provide a deed of conveyance. The Opposite Party allegedly avoided receiving the notice. Finding no other alternative, the Complainants filed the instant complaint praying for a direction on the Opposite Party to execute and register a deed of conveyance in respect of the said flat and also prayed for compensation for mental harassment and agony, and also cost of litigation. However, as the Opposite Party did not turn up, even after publication of notice through newspaper. So, the case was heard ex parte. POINT FOR CONSIDERATION Whether the complainants are entitled to the relief (s) as prayed for? FINDINGS We find, that the Complainants filed evidence in chief on affidavit through Complainant No.2. They also filed a copy of the agreement, entered into between them and the Opposite Party, which is dated 11th March, 2002, a copy of the letter showing delivery of possession on behalf of the Opposite Party and several vouchers showing payment made by them to Opposite Party. A copy of letter dated 16th March, 2022 sent by the Complainants through their lawyer to the Opposite Party was also filed. From the copy of the agreement, it is found that the Complainants were a party to the said agreement with the Opposite Party, who is said to be the sole proprietor of M/S LOKNATH CONSTRUCTION. The built up area of the said flat was of 825 sq. ft. and the amount of consideration was Rs.8,50,000/-. The Complainant had paid Rs.50,000/- on the date of agreement itself. The vouchers produced on behalf of the Complainants revealed that they paid entire consideration of the said flat by making payments on different dates. It is further found that by way of a letter dated 25.03.2004, Opposite Party delivered peaceful vacant possession of the scheduled flat to the Complainants who acknowledged the same by signing the said document. Now, in a case of agreement for sale of a flat between the parties, the said transaction would not be completed unless and until there was execution and registration of a deed of conveyance in favour of the purchaser. Here, what we find, though the entire consideration was already paid and delivery of possession of the said flat was handed over to the Complainants, the execution and registration of the deed of conveyance remained elusive for them. The requests of the Complainants for a deed of conveyance, fell flat. So, we think that the Complainants have been able to establish their case and they are entitled to get the prayer for execution and registration of a deed of conveyance in respect of the flat in schedule which is also under their occupation. However, the cost of execution and registration of the document are to be borne by the Complainants. Complainants also to get cost of litigation of Rs.5,000/- from the Opposite Party. Accordingly it is, ORDERED That the instant case be and the same is allowed ex parte against the Opposite Party. Opposite Party is directed to execute and register a deed of conveyance in respect of the scheduled flat which was already delivered to the Complainants. The cost of execution and registration of the document shall be borne by the Complainants. OP to pay also Rs.5,000/- to the Complainants towards cost of litigation. OP to comply with this Order within 45 days from this date, failing which Complainants shall be at liberty to proceed as per law. Dictated and corrected by me | 
