Order no. 8 dated 24.7.15

            Record is taken up for judgment .

            Complainant’s case in short is that he prays for compensation Rs.1.0 lakh and litigation cost with an order of direction to the oP for making delivery of  a flat measuring of 400 sq.ft. in the first floor , holding no. 49/50, N.K.Banerjee Street, and for registering the same in terms of the agreement dated 18.1.2006 executed between the complainant and proforma OP with the opposite party on the ground that even upon repeated requests the oP avoids to comply with the agreement for giving possession of the said flat. Referring the alleged fact of non compliance of the said agreement, an Advocate’s notice dated 9.7.2014 was served upon the OP demanding to hand over the possession of the said flat. In order to prove the case the complainant adduced evidence together with the documents viz. agreement dated 18.1.2006 and Advocate’s notice dated 9.7.2014.

            During the proceeding it has come to our notice that the oP intentionally avoided and neglected to contest the case. As a result, the case has come up for exparte disposal.        

            We have carefully considered the entire case supported by affidavit in chief and documents as on record. It is evident that there exists an agreement duly executed by the parties hereof on 18.1.2006 and the complainant prior to the construction was an occupant in the premises having tenancy right under the oP . But inspite of that  the schedule flat  has not yet been given to him in terms of the said agreement , duly executed , by the parties despite repeated pursuation to the oP in this behalf.

            Under the facts and circumstances, it is held and decided that the complainant is a consumer for the purpose of present law and thereby he is entitled to get relief as prayed for.

                                                Hence ordered that

            The Complaint case no. 245 of 2014 be and the same is allowed exparte.

            The complainant is entitled to the  delivery of possession of the scheduled flat and compensation to the amount of Rs.10,000/- to be paid by the OP.

            The OP, Kapil Shaw is hereby directed to hand over the delivery of possession of the scheduled flat and make execution of Register Sale deed  with compensation of Rs.10,000/- within 30 days from the date of this order , in default , the complainant is at liberty to put the order into execution in accordance with the provisions of law.

            Let a copy of this order be made over to the parties free of cost.