The facts as stated in the complaint and emerged from the documents attached with, are that the complainant had entered into an agreement with the OP no.1, the developer in order to purchase a residential flat at schedule “B” property on 13.06.2017 at a total consideration price of Rs. 4,96,000/-. Accordingly the complainant paid Rs. 4, 96,000/- to the OP no.1 who handed over the possession of the said flat within 12 months from the date of execution of the agreement for sale. It is stated that the deed of sale is yet to be executed in favour of the complainant in spite of several requests made by the complainant, the OP did not turn up till date for which the complainant filed this case praying for direction upon the OPs to prepare and execute deed of conveyance in respect of a flat under the schedule “B” property in favour of the complainant along with compensation and litigation cost.  

Notices were served upon OPs. In spite of service of notice none of the OPs appeared before this commission. Hence, the case was proceeded ex parte against all the OPs vide order no. 3 dated 02.11.2020.      

Complainant adduced evidence on affidavit and BNA.

                                                                   Decision with reasons

                                According to the agreement executed by and between the parties on 13.06.2017, complainants paid entire consideration amount to the OPs and the possession in respect of the flat of the complainants was delivered to them within time. It appears from the said agreement (para no.11) that for the purpose of registration of the deed of conveyance the purchaser shall bear the costs of stamp duty, registration fee, advocates fee and the registration of the deed of conveyance would be done through the advocate of the owner/developer. Since the OPs performed according to the agreement dated 13.06.2017 and only the registration part is required to be done, the registration part should be done in accordance with the agreement. Hence, the complainant shall bear all the costs mentioned in the agreement dated 13.06.2017 and OPs shall execute and register the deed of conveyance in favour of the complainant.

Since the OPs failed to execute and register the deed of conveyance in favour of the complainants and compelled the complainants to file this instant case, they are liable to pay compensation and litigation cost.

                             Hence, it is ordered

 that the complaint case being no. 107/2020 is allowed ex parte against the OPs with cost.

OPs are directed to execute and register the deed of conveyance in favour of the complainants within one month from this date of order. OPs are further directed to pay Rs   5000/ as compensation and Rs 3000/ as litigation cost to the complainants within one month from this date of order. Complainants are directed to bear all the costs according to the agreement dated13.06.2017.

Let a plain copy be given to the parties free of cost as per CPR.

Dictated and Corrected by

The facts as stated in the complaint and emerged from the documents attached with, are that the complainant had entered into an agreement with the OP no.1, the developer in order to purchase a residential flat at schedule “B” property on 13.06.2017 at a total consideration price of Rs. 4,96,000/-. Accordingly the complainant paid Rs. 4, 96,000/- to the OP no.1 who handed over the possession of the said flat within 12 months from the date of execution of the agreement for sale. It is stated that the deed of sale is yet to be executed in favour of the complainant in spite of several requests made by the complainant, the OP did not turn up till date for which the complainant filed this case praying for direction upon the OPs to prepare and execute deed of conveyance in respect of a flat under the schedule “B” property in favour of the complainant along with compensation and litigation cost.  

Notices were served upon OPs. In spite of service of notice none of the OPs appeared before this commission. Hence, the case was proceeded ex parte against all the OPs vide order no. 3 dated 02.11.2020.      

Complainant adduced evidence on affidavit and BNA.

                                                                   Decision with reasons

                                According to the agreement executed by and between the parties on 13.06.2017, complainants paid entire consideration amount to the OPs and the possession in respect of the flat of the complainants was delivered to them within time. It appears from the said agreement (para no.11) that for the purpose of registration of the deed of conveyance the purchaser shall bear the costs of stamp duty, registration fee, advocates fee and the registration of the deed of conveyance would be done through the advocate of the owner/developer. Since the OPs performed according to the agreement dated 13.06.2017 and only the registration part is required to be done, the registration part should be done in accordance with the agreement. Hence, the complainant shall bear all the costs mentioned in the agreement dated 13.06.2017 and OPs shall execute and register the deed of conveyance in favour of the complainant.

Since the OPs failed to execute and register the deed of conveyance in favour of the complainants and compelled the complainants to file this instant case, they are liable to pay compensation and litigation cost.

                             Hence, it is ordered

 that the complaint case being no. 107/2020 is allowed ex parte against the OPs with cost.

OPs are directed to execute and register the deed of conveyance in favour of the complainants within one month from this date of order. OPs are further directed to pay Rs. 5000/ as compensation and Rs. 3000/ as litigation cost to the complainants within one month from this date of order. Complainants are directed to bear all the costs according to the agreement dated 13.06.2017.

Let a plain copy be given to the parties free of cost as per CPR.

Dictated and Corrected by

[HON'BLE MRS. Sagarika Sarkar]
MEMBER