This is a complaint filed by one Sri Sandwip Kumar Ray Chaudhuri against Sri Jyotirmoy Mukhopadhyay and Smt. Susmita Mukhopadhyay, praying for a direction upon the OPs to register the Deed of Conveyance in favour of the Complainant and some other reliefs as stated in the petition of complaint.

Facts, in brief, are that, he was looking for a flat at Santiniketan, Birbhum and came in contact with the OPs, who decided to sell their flat being no. C on the Ground floor, Block A at Hattamela, Uttarpally, Santiniketan.  Subsequently, in accordance with the written instruction of the OP No. 1, Complainant deposited a sum of Rs. 3,60,000/- in cash to the bank account of the OPs.  After depositing part of the consideration money, Complainant sent the draft Deed of Conveyance to the OPs for their approval and after thoroughly going through the same, OPs put their signature on the draft Deed of Conveyance expressing their consent to the same.  Subsequently, Complainant issued three account payee cheques worth Rs. 4,40,000/- in favour of the OPs.  However, despite receiving the entire consideration money, OPs have not shown any inclination to register the Deed of Conveyance in his favour.  Hence, this case.

OPs contested the case by filing WV.  It is stated that the Complainant is a benami Promoter-cum-Developer of Baguihati area for the last 25 years besides being an ex Central Government employee.  The OP Nos. 1&2 decided to purchase a flat at Santiniketan in the year 2006.  On getting a bank loan, the OPs ultimate purchased the flat in question in February, 2008.  OPs had no intention to sell the said flat.  However, the Complainant on numerous occassions tried to dislodge and dispossess the OPs from the said flat illegally to construct a 3-storied building and to re-sale it subsequently at a much higher value for earning huge profits.  It is further stated that no price negotiation has ever taken place and the price of the flat in question was never settled at Rs. 8,00,000/-.  No agreement to this effect was ever signed by the OPs.  The Complainant made few payments without prior consent of the OPs with all bad intentions and ill motives.  It is claimed that the draft Deed of Conveyance was made and verified from the end of the Complainant himself and the OPs were not aware of any such draft and therefore, have no liability.  Accordingly, they prayed for dismissal of this case.

Point for determination is whether the Complainant is entitled to the relief(s) or not.

Decision with reasons

In support of his contention, Complainant furnished photocopies of some counter foils of cash deposits, bank pass book, cheques, one draft copy of Deed of Conveyance, one police complaint, one letter dated 24-09-2012 addressed to the Secretary of Hattamela Flat Owners’ Association, Santiniketan. 

However, what we find quite intriguing is the fact that the Complainant has not furnished copy of any authentic document to establish that an agreement was reached in between the parties to dispose the same at a total consideration of Rs. 8,00,000/-.  In fact, not a single scrap of paper is placed before us from the side of the Complainant to prove the very factum of due unqualified willingness on the part of the OPs to sell the flat in question to the Complainant. Rather, from the photocopy of letter dated 24-09-2012 on record, it transpires that OPs  intended to handover the flat to the Complainant on receipt of reasonable amount vis-a-vis prevailing market priceof the flat, but keeping a separate provision for minimum compensation of Rs. 10,00,000/- payable within 31-01-2013 by him additionally.  No document is adduced from the side of the Complainant to show that he even agreed to the same, let alone pay it.

It is claimed by the Complainant that as per the written instruction of the OPs, he deposited Rs. 3,60,000/- to their bank accounts.  However, we do not come across any such letter on record.  Another anomaly that has caught us by surprise is the fact that in his complaint letter to the Officer-in-Charge, Jadavpur P.S. dated 25-12-2012, it is stated by the Complainant that he deposited a sum of Ts. 3,96,000/- in cash to the bank accounts of the OPs.  However, in his petition of complaint, the Complainant quantified it as Rs. 3,60,000/-.  Significantly, no clarification is advanced from the side of the Complainant to bridge the gap.

As for the draft Deed of Conveyance, insofar as the same is not signed by both the parties and the corrections made overthere are not authenticated by the parties, no cognizence can be taken of such a piece of document.  Also, we find that although OPs admitted the fact of receiving some initial payments from the Complainants, they have not categorically confirmed receipt of Rs. 3,60,000/- from the Complainant and insofar as the counter foils of bank deposit slips stand in the name of the OPs, it cannot be stated with certainty that the afore-mentioned money was indeed paid by the Complainant himself as part of the consideration money of the flat in question. 

Thus, in absence of copy of Agreement for Sale or any such valid piece of document to show wholehearted intention on the part of the OPs to sell the flat in question in favour of the Complainant at a total consideration amount of Rs. 8,00,000/-, we cannot accede to the prayer of the Complainant in anyway.

The Complainant is, thus, not entitled to any of the reliefs.

Hence,

O R D E R E D

that CC/03/2016 be and the same is dismissed on contest against the OPs without any costs.