MRS. MANJUSRI SARKAR CHOWDHURY, MEMBER FACTS The case of the complainants, in short, is that the mother of the complainants was a tenant under the OPs No. 1 to 6 in respect of one room, one kitchen with common user of bath and privy in the Premises of No. 27 F, Adhar Chandra Das Lane, P.S- Ultadanga, Kolkata- 700067. During the period of the continuance of the tenancy, the OPs No.1 to 6 decided to develop the said property with the Developer i.e. OP No. 7 and an agreement was made between the parties on 30/07/2015 and OPs No. 1 to 6 executed a registered deed of Power of Attorney in favour of the OP No. 7. The owners and the developer requested the mother of the complainants to cooperate with them and proposed that the developer would sell one self-contained flat measuring more or less 160 sq. ft. as carpet area and proportionate share of the land at a price Rs.50,000/-. To that effect, OP No. 7 executed a Deed of Agreement on 31/12/2015 in favour of the mother of the complainants. But unfortunately the mother of the complainants died on 05/08/2021 leaving behind her legal heirs i.e. the complainants. As stated in the complaint petition that after completion of the said construction work, complainants repeatedly requested the owners and the developer to hand over the said flat to the complainants and register a deed of conveyance in favour of them to which the OPs did not do so. Having no other alternatives complainants filed this instant case before this Commission for several reliefs. OPs did not contest this case on receipt of the notice. So, the case was heard ex parte against them. During hearing, the complainants filed evidence-on-affidavit, agreement for sale, development agreement, power of attorney, death certificate, memo of consideration, showing payment of consideration price. Now the point for consideration is whether the complainants are entitled to relief (s) as prayed for? DECISION WITH REASONS We have carefully gone through the materials on record including evidence. From the copies of the documents annexed therein, we find that the mother of the complainants, who being a tenant, expired on 05/08/2017, entered into an agreement on 31/12/2015 with the land-owners and the developer. On further scrutiny of the said agreement, it is noticed that the OPs agreed to sell one room in the ground floor after construction of G+3 building at the scheduled property at Rs.50,000/- to the mother of the complainants. So, there is no doubt that the complainants are “Consumers” as they are the legal heirs of their mother, who had hired the service of the OPs by entering into an agreement. Moreover, it is also stated in the agreement that the OPs agreed to hand over the room at the ground floor to the mother of the complainants within 12 months but they did not hand over the possession, nor executed the deed of conveyance and finally the complainants mother died after a span of more than 1 ½ years without enjoying the scheduled property in question. But, till date the OPs did not execute the same and therefore, we hold that there is certainly a deficiency of service on the part of the OPs. The allegations remained unchallenged and unrebutted also and OPs failed to contest the case. Considering the facts and circumstances and the materials on record, we opined that the complainants are entitled to the relief(s) in this case. Therefore, it is ORDERED That the instant case be and the same is allowed ex parte. OPs are directed to execute and register the deed of conveyance in favour of the complainants in respect of the scheduled property as mentioned in the complaint and agreement dated 31/12/2015 at the cost of the complaiants within 45 days from the date of this order, failing which the complainants would be at liberty to execute the aforesaid order in accordance with law. This apart, OPs are also directed to pay Rs.3,000/- (Rupees Three Thousand Only) to the complainants as cost of litigation. Dictated and corrected by me. | [HON'BLE MR. SUDIP NIYOGI] | Member PRESIDENT | [HON'BLE MRS. MANJUSRI SARKAR CHOWDHURY] | MEMBER | [HON'BLE MR. AYAN SINHA] | MEMBER |
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