Dated : 30 Nov 2022

 FACTS

            The case of the complainant is that he had entered into an agreement for sale of a flat at Premises No. 215, V.I.P Nagar, P.S- Tiljala, Kolkata- 700039 with the Opposite Party No. 2 who was the developer and also the constituted Attorney of Opposite Party No. 1- the land owner. The consideration was fixed at Rs.2300/- per sq. ft. Later, Opposite Party No. 2 also made a declaration to provide the said flat on the 1^st floor of the said building to the complainant. He advanced Rs.13,25,000/- in total by making payment on different dates but the Opposite Parties did not hand over the possession of the said flat to the complainant, nor made any deed of conveyance in her favour.  So, he alleged deficiency in service and negligence on the part of the Opposite Parties. He filed the instant complaint before this Commission praying for execution and registration of a deed of conveyance, delivery of possession of the flat including compensation etc.

            Opposite Parties did not contest the case. So, it was heard ex parte against them.

            Complainant filed evidence and also the documents in support of his case.

            The only point for consideration is whether the complainant is entitled to the relief as prayed for.

FINDINGS

            We have perused the evidence and also the documents filed by the complainant and considered the argument made on his behalf. The documents revealed that there was an agreement between the parties for sale of a flat measuring about 660 sq. ft. at the premises No. 215/ V.I.P Nagar, P.S.- Tiljala, Kolkata – 700 039. As per the complaint, the price of the flat is @ of Rs.2300 sq. ft. So, the consideration price of the said flat would be 15,18,000/- however complainant paid a sum of Rs.13,25,000/- which is also found from the money receipts produced by him.

            Considering the evidence and the documents, we find that the complainant is entitled to get the relief as prayed for provided he would make payment of the entire balance consideration.

            Accordingly it is,

ORDERED

That the instant case be and the same is allowed ex parte against the OPs.

OPs are directed to execute and register a deed of conveyance in favour of the complainant in respect of the schedule flat as mentioned in the petition of complaint and also to deliver the possession thereof to him.

OPs are also directed to pay Rs.10,000/- (Rupees ten thousand only) as compensation and Rs.3,000/- (Rupees three thousand only) towards cost of litigation to the petitioner.

OPs are further directed to comply with the aforesaid order within 60 days from the date of this order failing which the complainant shall be at liberty to proceed in accordance with the provisions of law.

Dictated and corrected by me.