This is a complaint made by one Sri Ashok Kumar Dey against Sri Arup Mukherjee and four others, praying for a direction upon the OPs to complete the schedule flat and make arrangements for execution and registration of Deed of Conveyance in favour of the Complainant and give delivery of possession of the said flat in favour of the Complainant after accepting balance consideration money of Rs. 2,30,000/- from the Complainant, and for further direction upon the OPs to pay damages @ 18% p.a. and other reliefs as stated in the petition of complaint.

Case of the Complainant, to narrate in brief, is that, on 31-10-2012, he entered into an agreement with the OP No. 1 under certain terms and conditions for the purpose of purchasing the schedule Flat at a total consideration of Rs. 9,30,000/-.  It is further stated that the Complainant has already paid a sum of Rs. 7,00,000/- to the OP towards consideration money of the schedule flat.  Complainant, on successive occasions, claimed to have requested the OP No. 1 for completion of construction of the said flat and handover the possession of the flat and also execute and register the Deed of Conveyance after receiving rest of the consideration money from him, but the OP No. 1 did not pay any heed to such repeated requests.  Legal notice served upon the OPs has also not been of any use. Hence, this case.

On the basis of such facts, the instant case was admitted and notices issued upon the OPs, but none of them turned up.  So, the case was heard ex parte.

Point for consideration is, whether the Complainant is entitled to any relief.

Decision with reasons

Complainant filed affidavit-in-chief reiterating the facts already stated in the petition of complaint. 

It transpires from the Agreement for Sale on record that total consideration of the schedule flat was fixed at Rs. 9,30,000/-.  Complainant has filed original receipts, issued by the OP No. 1, worth Rs. 2,00,000/-.  That apart, Complainant has also filed photocopies of two cheques worth Rs. 5,00,000/- issued in favour of the OP No. 1.  Although no money receipt or copy of bank pass book showing clearance of said two cheques have been filed from the side of the Complainant, insofar as the claim of the Complainant has not been opposed from the side of the OP no. 1, benefit of doubt is accorded to the Complainant.  Thus, it appears, there remains an outstanding of Rs. 2,30,000/- which the Complainant is required to pay to the OP No. 1. Incidentally, Complainant has expressed his keen desire to pay the same to the OP No. 1. 

As such, on due consideration of the facts and circumstances of the case, we deem it fit and proper to direct the OP No. 1 to handover peaceful khas possession of the schedule flat in habitable condition and execute and register the same in favour of the Complainant subject to payment of rest of the outstanding consideration money as agreed upon in between them in terms of the Agreement for Sale dated 31-10-2012. 

Hence,

O R D E R E D

          That CC/04/2016 be and the same is allowed ex parte against the OP No. 1 and dismissed ex parte against rest of the OPs.  OP No. 1 is directed to deliver peaceful khas possession of the flat in question in habitable condition and execute and register the Deed of Conveyance in favour of the Complainant within two months of receipt of rest of the balance consideration money from the Complainant.