HON’BLE SUDIP NIYOGI PRESIDENT FACTS The case of the complainant is that she 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 1st floor of the said building to the complainant. She advanced Rs.14,00,000/- in total by way of making payment on different dates but the Opposite Parties did not hand over the possession of the said flat to her, nor made any deed of conveyance in her favour. So, she alleged deficiency in service and negligence on the part of the Opposite Parties. She filed the instant complaint before this Commission praying for delivery of possession of the flat, execution and registration of deed 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 her case. The only point for consideration is whether the complainant is entitled to the relief as prayed for. FINDINGS On perusing the documents filed on behalf of the complainant, we find there is one agreement for sale entered into between OP No.1 and OP No.2 who is the developer and also the constituted attorney of OP No.1 and the said agreement was made in the year 2014 and complainant also filed the money receipts showing payment of Rs.14,00,000/- to OP No.2 out of total consideration of Rs.15,18,000/- for the said flat admeasuring about 660 sq. ft. on the 1st floor at premises no.215/ V.I.P Nagar, P.S.- Tiljala, Kolkata – 700 039. So, considering the unchallenged testimony of the complainant and also the documents filed in support of her case we think that the complainant who is found to be a Consumer is entitled to get the relief as prayed for. 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 her. 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. | 
