Date of Filing : 27/06/2022

Date of Judgement : 18/12/2023

Mr. Sudip Niyogi, Hon’ble President

                                                             BRIEF FACTS

The complainants had entered into an agreement with OP No.13 for purchasing the flat as mentioned in the Schedule to the petition of complaint at a consideration of Rs.10,84,501/-.  OP No.1 to OP No.12 are the land owners and OP No. 3 is the developer.

OP No.14 is the son of Manabendra Nath Roy, since deceased the owner of OP No.13(Developer). Now following the said development of agreement, complainants paid entire consideration to the developer and thereafter the possession of the said flat was also handed over to the complainants. But despite repeated requests by the complainants, who are the legal heirs of Mr. Diptyendu Banerjee, one of the purchasers as mentioned in the agreement for sale dated 05/12/2001,the OPs failed to execute and register a deed of conveyance in respect of that flat in their favour.  So the complainants by filing the instant complaint prayed for an order directing the OPs to execute and register the deed of conveyance in their favour and payment of compensation and cost of litigation.

The OPs did not appear to contest the case, so it was heard ex parte against all of them. 

                                                    POINTS FOR CONSIDERATION

Whether the complainants is entitled to any relief(s) in this case.

                                                                 FINDINGS

We have gone through the petition of complaint, evidence and also the documents produced on behalf of the complainants.

Amongst the documents produced by the complainants, we find, the copy of the agreement dated 05/12/2001 entered into between the purchaser and Manabendra Nath Ghosh, original owner of the OP3 (original proprietor of the development). Copy of the letter issued by Troyee Nirban Pvt. Ltd, OP13 and the death certificate of Diptendu Banerjee, This apart, complainant also produced one copy of electricity bill issued by CESC. The letter dated 20/09/2003 issued by the developer reveals that the said developer admitted to have received the amount of consideration from the purchaser and thereafter delivered possession of the said flat to them.

But the complainants alleged that the execution and registration of the deed of conveyance in respect of the said flat remained elusive. 

So on consideration of the entire materials of this case, we find that the complainants are entitled to get the deed of conveyance in respect of the said flat executed in their favour by the OPs and they are also entitled to cost of litigation to the tune of Rs.5,000/-.

Accordingly, it is

                                          ORDERED

That the instant case stands allowed ex parte against the OPs.

OPs are directed to execute and register the deed of conveyance in respect of the scheduled flat in favour of the complainants within a period of 45 days from the date of this order in accordance with the agreement for sale dated 05/12/2001.

OP No.13 and 14 are directed to pay the cost of litigation amounting to Rs.5,000/- to the complainants during the aforesaid period.

If the said order is not complied with by the OP as aforesaid, the complainants shall be at liberty to proceed in accordance with law.

Dictated and corrected by me

             President