Judgment : Dt.13.12.2017

Shri S. K. Verma, President

            This is a complaint made by one Sri Mahesh Sonthalia, son of Late Om Prakash Sonthalia, residing at 3,Hungerford Street, P.S.-Shakespeare Sarani, P.O.-Shakespeare Sarani, Kolkata-700 017 against Smt. Ravi Prabha Burman, wife of Sri Bijay Kumar Burman, residing at 30, New Road, P.O. &P.S.-Alipore, Kolkata-700 027, OP No.1 and Smt. Sabita Burman, wife of Sri Rajendra Kumar Burman, residing at 9B, Talbagan Road, P.O. & P.S.- Ballygunge, Kolkata-700 017, praying for registration of deed in favour of the Complainant and compensation of Rs.1,00,000/- and litigation cost.

            Facts in brief are that Smt. Ravi Prabha Burman and Smt. Sabita Burman executed a development agreement on December 30, 1986, and appointed M/s B.B.Properties (P) Ltd. as the developer of the premises being No.6A, Tiljala Road, P.S.-Beniapukur, Kolkata-700 046 to construct a building on the premises on the terms and conditions as mentioned in the agreement. The developer thereafter constructed a residential building and by an agreement for sale developer agreed to sell one flat described in schedule to one Smt. Prabha Mundhra, wife of Sri Mohan Das Mundhra on her behalf out of the developer’s allocation. As per that agreement the developer constructed the flat and handed over the possession of the flat to Smt. Prabha Mundhra after receiving the entire consideration money. By a letter dt.6.8.1988, said Smt. Mundhra nominated one Sri Om Prakash Sonthalia, since deceased, son of late Laxminarayan Sonthalia for completion of purchase of the flat in his favour from the OP and developer and said Smt. Mundhra handed over vacant possession of the flat to Sri Om Prakash Sonthalia on May 21, 1993 after receiving the consideration money of Rs.2,11,410/- and the  same was communicated to the OP. But the OPs never executed the title deed of Om Prakash Sonthalia. Sri Om Prakash Sonthalia died on July 21,2002 after making and publishing his last will dt. May 6, 2001. Under the said will Om Prakash Sonthalia appointed his son Sri Mahesh Sonthalia, the Complainant, is the executor of the will and gave devised and bequeathed the flat to his son, Sri Mahesh Sonthalia, the Complainant of this case. The probate of the will was granted by the Hon’ble High Court at Calcutta in P.L.A. No.136 of 2003 in favour of Sri Mahesh Sonthali on July 8, 2003. Smt. Radha Sonthalia, wife of late Om Prakash Sonthalia died on February 3, 2003 after making and publishing her last will dt. May 6,2001. Under the said will Smt. Radha Sonthalia appointed her son Sri Mahesh Sonthalia as the executor of her will. The probate of the will of Smt. Radha Sonthalia was granted by the Hon’ble High Court at Calcutta in PLA No.229 of 2004 in favour of Sri Mahesh Sonthalia. Complainant requested the OP and the developer to execute the sale deed in his favour. But they refused. In the meantime in March, 2016 Complainant came to know that the developer company has been winded up. Having no other option, Complainant tried to reach the OPs. But, every time they refused and neglected to execute the deed. So, Complainant filed this case.

            OPs did not contest the case by filing written version and so the case is heard ex-parte.

Decision with reasons

            Complainant filed affidavit-in-chief wherein he has reiterated the facts mentioned in the complaint petition.

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

            On perusal of the record, it appears that the copy of the payment made to Prabha Mundhra is filed as annexure A. Further, it appears that copy of the order of the Hon’ble Court regarding the probate is filed.

              Since the allegation of the Complainant remained unrebutted and unchallenged, we are of the view that Complainant is entitled to the reliefs of conveyance deed in his favour.

             Complainant has also prayed for compensation of Rs.1,00,000/-. However, there is no ground mentioned in the complaint petition as to why Complainant has prayed for compensation of Rs.1,00,000/-.

              So, we are of the view that Complainant is not entitled to the relief of compensation to the tune of Rs.1,00,000/-.

Hence,

ordered

            CC/65/2017 and the same is allowed ex-parte. OPs are directed to make conveyance deed in favour of the Complainant within three months of this order.