J U D G E M E N T

             Filtering out the unnecessary details in the complaint, the complainant’s case may be summarized thus :-

             In summarizing the case stated in the complaint, is that, the Complainant entered into an ‘Agreement for Sale’  on 12.08.2003 with the Opposite Parties  for purchasing a new shop room, measuring about 100 (07’ x 14’) sq. ft. super built up area in a building named ‘Pawan apartment’  in lieu of the old shop room (10’ x 10’) had been possessed by the Complainant wherein the Complainant was a tenant under the Opposite Party No. 1 for a long period,  for a total consideration amount of Rs. 50,000/- only.

            Accordingly the Complainant claimed to have paid a sum of Rs. 48,000/- only on different dates to the Opposite Party Developer on issuing the ‘Money Receipt’  by the Developer Opposite Party  and the Developer Opposite Party had duly handed over the actual possession of the said shop room in issue towards the Complainant after completion of the entire building construction. But the Opposite Parties failed to execute and register the Deed of Conveyance in favour of the Complainant in spite of the several requests made by the Complainant repeatedly,  what amounts to deficiency and negligent manner of service on the part of the Opposite Parties for which the Complainant has filed the instant case asking for  executing and registering the ‘Sale Deed’ in favour of the Complainant  and adequate redressal as prayed for.

             Despite proper service of the notice to all the Opposite Parties, no concerned Opposite Parties ever appeared before the Forum to contest the case by filing any ‘Written Version’ on behalf of any Opposite Party through any Ld. Advocate/Representative. Thus all the Opposite Parties have relinquished their scope to refute the case. So, the instant case has been heard ex-parte against all the Opposite Parties.

                                           Points for Determination                  

            The point for determination in the instant case is whether the complainant is entitled to get the relief as prayed for, in the facts and circumstances of the case and in view of the material evidences on record.                                   

                                               Decision with Reasons         

            In order to prove his allegation set forth in the complaint, the Complainant deposed in this case as sole witness by way of affidavit and also produced some documents in support of his case.

            The main allegation of the Complainant is that in spite of making the part payment of consideration amount and ready and willing to pay the rest at the time of execution and registration, the Opposite Parties failed to execute and register the Deed of Conveyance in respect of the said shop room in question in favour of the Complainant.

              On overall evaluation of the argument by the Complainant in person and on critical appreciation of the material on record, it is evident that an ‘Agreement for Sale’ has actually been executed  by and between the Complainant with both the Owner and Developer  Opposite Parties  for purchasing a new shop room,

measuring about 100 (07’ x 14’) sq. ft. super built up area in a building named ‘Pawan apartment’   in lieu of the old shop room (previously measured 10’ x 10’ sq. ft.) which had previously had been possessed by the Complainant wherein the Complainant was a tenant under the Opposite Party No. 1 for a long period,  for a total consideration amount of Rs. 50,000/- only.

              The record reveals from the photocopies of the documents filed by the Complainant that the Complainant had actually paid a sum of Rs. 48,000/- only  to the Developer Opposite Party  and the Developer had duly issued the ‘Money Receipt’ to that effect in favour of the Complainant.

             It is also revealed from the case record that admittedly the Opposite Parties duly had handed over the actual possession of the said shop room in issue towards the Complainant after completion of the entire building construction as per the said ‘Agreement for Sale’ .

              But the fact remains that actually the Opposite Parties failed to execute and register the Deed of Conveyance in respect of the said shop room in issue in favour of the Complainant. The Complainant alleged to request severally towards the Opposite Parties to execute and register the Deed of Conveyance in respect of the said shop room in question in favour of the Complainant but the Opposite Parties  were  very much reluctant regarding the execution and registration of the same in issue by showing different pretext on flimsy grounds.                              

             Manifestly it is evident from the case record that admittedly the Complainant had actually paid the total amount of Rs. 48,000/- only towards the Opposite Parties and the rest sum of Rs. 2,000/- only is still due and the Complainant at the time of  hearing the argument verbally expressed that he is very much ready and willing to pay the balance consideration money towards the Opposite Parties at the time of executing and registering the ‘Sale Deed’ in respect of the said shop room in issue in favour of the Complainant.

             Moreover, all the allegations made by the Complainant are unchallenged, though all the Opposite Parties got enough chance to contest the case and to refute it by appearing before the Forum. Therefore, there are no reasons to disbelieve the unchallenged testimony of the bonafide Consumer/Complainant.

            Thus the Forum unanimously decide that  all  the Opposite Parties are still liable to execute and register the Deed of Conveyance in respect of the said shop room in issue in favour of the Complainant and the Complainant is also liable to pay the balance consideration amount of Rs. 2,000/- only towards the Developer Opposite Party at the time of the executing the said ‘Sale Deed’ .

            Therefore, in light of the above analysis, we are inclined to hold that the Complainant has successfully proved his case and is entitled to get the relief as prayed for and consequently the points for determination are decided in affirmative.

               In short, the Complainant deserves success.

               In the result, we proceed to pass            

                                                                                                   O R D E R

            That the case be and the same is allowed ex-parte against all the Opposite Parties  with cost of  Rs. 4,000/- only payable by the Opposite Party No. 1 within one month from the date of this ‘Order’.

            That all the Opposite Parties is directed to execute and register the Deed of Conveyance in respect of the said Shop room in issue which is specifically described in the  ‘KHA – Schedule’ in the said ‘Agreement for Sale in favour of the Complainant within one month from the date of this ‘Order’.

           That all the Opposite Parties are further directed to pay a sum of Rs. 4,000/- only as compensation for harassment and mental agony to the Complainant within one month from the date of this ‘Order’.

           In the event of non compliance of any portion of the ‘Order’ by the Opposite Party/s  within a period of one month from the date of this order, the defaulting Opposite Party/s shall have to pay a sum of Rs. 100/- only per day, from the date of this ‘Order’ till the full realization of this ‘Order’, which amount shall be paid and deposited by such Opposite Party/s to the Consumer Legal Aid Fund.

            Let copies of the order be supplied to the parties free of cost when applied for.