Date of filing : 20.8.2018

Judgment : Dt.5.9.2019

Mrs. Sashi Kala Basu, Hon’ble President

            This petition of complaint is filed under section 12 of C.P.Act, 1986 by Sri Biswanath Brata Roy alleging deficiency in service on the part of the opposite parties (referred as OP hereinafter) namely (1) Sri Gostha Behari Naskar, (2) Sri Samir Naskar, (3) Smt. Srabani alias Shraboni Naskar, (4) Soma Naskar, (5) Smt. Bula Naskar, (6) Keya Naskar, (7) S. G. Construction and (8) Smt. Sonali Guha.

            Case of the Complainant, in brief, is that he agreed to purchase a car parking space from the OP No.8 being the proprietress of OP No.7, at premises No.191, Laskarhat, under P.S.-Tiljala, presently Kasba, at a total consideration of Rs.2,50,000/-. OP No.1 to 6 are the land owners who entered into an agreement for development of the said property in premises No. 191, Laskarhat, under P.S.-Tiljala, presently Kasba, with OP No.7 being represented by OP No.8, on 3.10.2008. A power of attorney was also executed in favour of the OP No.7 by the OP No.1 to 6. As per the terms of the agreement, Complainant has paid Rs.1,50,000/- in total to OP No.7 and 8. The petitioner has been using the car parking space. But the deed of conveyance has not been executed in his favour by the OPs. The Complainant has always been ready to pay balance amount of Rs.1,00,000/-. In spite of the requests by the Complainant, as the deed of conveyance was not executed in his favour in respect of the car parking space, the present complaint has been filed for directing the OP No.1 to 8 to execute and register the deed of conveyance in respect of car parking space in his name.

            Complainant has filed the copy of the agreement for sale.

            OP No.7 & 8 have contested the case by filing the written version denying and disputing the allegations contending inter alia that the Complainant failed to pay the entire amount of consideration. They are ready to execute the deed of conveyance on receipt of the balance amount of Rs.1,00,000/-. Due to non-cooperation of the land owners, they were unable to execute the deed. The OP No.7 & 8 have also filed the general power of attorney executed in their favour.

            On perusal of the record, it appears that in spite of service of notice, OP No.1 to 6 did not take any step and thus the case has been heard ex-parte against them.

            So, the only point requires determination is whether the Complainant is entitled to the relief as prayed.

            Decision with reasons

            It is the claim of the Complainant that by agreement dt.29.9.2012, he agreed to purchase the car parking space as described in the schedule of the complaint petition at a consideration of Rs.2,50,000/-. The OP No.7 & 8 in their written version have not disputed and denied about the execution of the agreement in favour of the Complainant in respect of the car parking space. It has also not been disputed and denied by them that a development agreement was entered into between OP No.1 to 6 and OP No.7 being represented by OP No.8. Copy of the general power of attorney has also been filed in favour of the OP No.7. Only contention raised by the OP No.7 & 8 is that the Complainant has not paid the balance amount of Rs.1,00,000/- and also due to non-cooperation of the owners OP No.1 to 6, the deed could not be executed. So, on consideration of the facts as stated in the written statement by OP No.7 & 8 and also as it is admitted case of the Complainant himself that he has always been ready to pay the residual amount of Rs.1,00,000/-, the Complainant is entitled to the execution of the deed of conveyance in respect of the said car parking space in his favour, as admittedly the deed of conveyance has not been executed.

            Hence

                                 ordered

            CC/440/2018 is allowed ex-parte against OP No.1 to 6 and on contest against OP No.7 & 8. OPs are directed to execute the deed of conveyance in respect of the car parking space as per the agreement dt.29.9.2012 in favour of the Complainant within three months from the date of this order, subject to payment of Rs.1,00,000/- by the Complainant to the OP No.1, the developer. OPs are also directed to pay litigation cost of Rs.10,000/- within the aforesaid period of three months.