This is a complaint made by Shri Joydeep Das son of Shri Bivas Das of 4/29, Chittaranjan Colony, P.S. Jadavpur, Kolkata-700 032 against Smt. Renubala Sil wife of late Subodh Chandra Sil praying for an order for execution and registration of the deed of conveyance in favour of the Complainant in repect of second schedule flat and compensation of Rs.1,00,000/- for mental pain and agony and Rs.80,000/- for unfair trade practice and Rs.20,000/- cost of proceedings.
Facts in brief are that OP No.1 is the land owner in respect of land situated at premises No.104/E, Aswini Nagar Colony under Jadavpur P.S. OP No.2 is the developer. OP No.2 entered into an agreement on 26/11/2010 with OP No.1 land owner for construction of a building in the first schedule premises. Complainant entered into an agreement for sale for a flat measuring about 720 Sq. ft. with common rights and facilities. OP No.2 agreed with Complainant that entire first floor flat having super built up area measuring about 720 Sq. ft. would be given to the Complainant. Complainant paid entire consideration money in favour of the developer at the time of execution of the sale agreement. Thereafter on several occasion Complainant requested the developer to execute the sale deed in favour of the Complainant. But he found that developer intends to increase the price of the flat. OPs are under obligation to execute the registration of the flat. But they did not do so which lead to filing of this case.
On the basis of above facts complaint was admitted and notices were served. But OPs did not contest the case. So the case is heard ex-parte.
Decision with reasons
Complainant filed a petition treating the complaint as affidavit-in-chief and the prayer was allowed.
Main point for determination is whether Complainant is entitled to the reliefs as prayed for.
One Xerox copy of the agreement for sale has been filed which reveals that it was entered into on 17th April, 2013. This Xerox copy bears the signature of Smt. Renubala Sil and Joydeep Das. It further reveals that vendors agreed to sale the flat on a consideration money of Rs.8,00,000/-. Further vendors agreed to handover the possession within twenty-four months. However, on perusal of the complaint petition it is not clear as to whether Complainant was handed over possession of the flat. On page 8 of the agreement for sale it appears that Complainant paid Rs.8,00,000/-. So it is clear that the allegations mentioned remained unrebutted and unchallenged. As such we are of the view that Complainant is entitled for conveyance deed in his favour on the schedule mentioned in the agreement by the OP.
Hence,
O R D E RE D
CC/406/2016 and the same is allowed ex-parte. OPs are directed to make conveyance deed in favour of the Complainant within six months of this order. So far as other prayers are concerned, it appears that there is no ground to allow those and as such those are dismissed.
